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Gadadhar Ghosh & Anr vs Unknown on 21 June, 2018



RP 42
CRM 3810 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Dhubulia P.S. Case No.8 of
2018 dated 10.01.2018 under Sections 498A/306/34 of the
Indian Penal Code.


In the matter of : Gadadhar Ghosh anr.

…. Petitioners

Mr. Prabir Majumder, Adv.

Mr. S. Majumder, Adv.

….. For the Petitioner

Mr. Bidyut Kumar Roy, Adv..

Ms. Rita Dutta, Adv.

….. For the State

It is submitted on behalf of the petitioners that petitioner no.1 is

in custody for 155 days and the petitioner no.2 is in custody for 91

days. It is further submitted that investigation is complete.

Learned Advocate for State produces the case diary and opposes

the prayer for bail.

Having considered the materials in the case diary and bearing in

mind the nature of allegations in the light of the aforesaid submissions

made on behalf of the petitioners and in view of the period of detention

suffered by them and that the investigation is complete, we are of the

opinion that further detention of the petitioners may not be necessary

in the facts of the case.

Accordingly, we direct that the petitioners shall be released on

bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only)

each with two sureties of like amount each, one of whom shall be local,

to the satisfaction of the learned Chief Judicial Magistrate, Nadia on

condition that they shall not intimidate the witnesses and/or tamper

with evidence in any manner whatsoever and shall appear before the

trial Court on every date of hearing and in the event they fail to do so,

their bail shall stand automatically cancelled without further reference

to this Court.

The application for bail is, accordingly, allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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