C.R.M. No.6778 of 2017
In re:- Ananda Singh …. Petitioner.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 13.7.2017 in connection
with Debra Police Station Case No.42/09 dated 13.4.2009 under Section 498A/302 of Indian Penal
Mr. Prasanta Kumar Pakrashi … For the petitioner.
Mr. S.G. Mukherjee, P.P.,
Mrs. Amita Gaur …. For the State.
Heard the learned Advocates appearing on behalf of the
parties. Perused the case diary.
The petitioner is the husband. He was on bail and since he
was absent on one occasion, warrant of arrest was issued against him
and then two months thereafter, he was arrested and now after re-
arrest, he is in custody for 173 days.
Considering the facts, as above, more particularly, the fact
that the petitioner was on bail and considering his length of detention
in custody, we allow the petitioner’s prayer for bail.
Let the petitioner be released on bail upon furnishing a bond
of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom
must be local, to the satisfaction of the learned Chief Judicial
Magistrate, Paschim Medinipur subject to the condition that after
release, the petitioner shall attend the concerned police station on
every alternate date, until further orders.
It is also directed that after being released on bail, the
petitioner must be present in the court below on each and every date
so fixed by such court and in case, he fails to appear in the court
below on any single occasion without any justifiable reason, the court
below shall have the liberty to cancel the bail granted to him
and he be taken into custody without any further reference to this
Court and the court below shall also proceed with the custody trial.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Ashis Kumar Chakraborty, J. )