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Judgments of Supreme Court of India and High Courts

Intajul Sardar vs Unknown on 18 June, 2018

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49 18.06.2018
AB Court 28
C.R.M. 3847 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Domkal P.S. Case
No.1185 of 2015 dated 11.11.2015 under Sections 498A/326/
307/302/34 of the Indian Penal Code

And

In the matter of : Intajul Sardar

…Petitioner.

Mr. D. Banerjee …for the Petitioner.

Mr. S. G. Mukherjee, Ld. PP,
Mr. Partha Pratim Das …for the State.

It is submitted on behalf of the petitioner that he is in

custody for 105 days and it is further submitted that co-accused

person, namely, Nujera Bibi has been granted bail by this court.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials on record and bearing

in mind the extent of complicity of the petitioner in the alleged

crime and the fact that co-accused person, namely, Nujera Bibi,

who is similarly circumstanced with the petitioner has been

granted bail by this court, we are inclined to extend similar

relief to the petitioner also.

Accordingly, we direct that the petitioner shall be
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released on bail upon furnishing a bond of Rs.10,000/-(Rupees

Ten Thousand only) with two sureties of like amount, one of

whom shall be local, to the satisfaction of the learned Chief

Judicial Magistrate, Murshidabad on condition that he shall

appear before the trial court on every date of hearing and shall

not intimidate witnesses nor tamper with evidence in any

manner whatsoever.

In the event the petitioner fails to appear before the trial

court, the trial court shall be at liberty to cancel his bail without

further reference to this Court.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

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

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