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18 12.06.2019
rkd Ct. No.42 C.R.M. 3755 of 2019
(Allowed)
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 02/04/2019 in connection with
Dhubulia P.S. Case No. 70 of 2018 dated 21/03/2018 under
Sections 498A/Section326/Section307/Section34 of the Indian Penal Code, 1860.
And
In the matter of: Jahangir Sekh @ Jahanger
….petitioner.
Mr. Prabir Majumder
…for the petitioner.
Mr. Saswata Gopal Mukherjee, P.P.,
Ms. Amita Gaur
…for the State.
Petitioner has been implicated in a case under Sections
498A/Section326/Section307/Section34 of the Indian Penal Code, 1860.
The learned advocate for the petitioner submits that
petitioner is in custody for about 163 days. He also submits that
charge sheet has already been submitted in connection with this
case and two co-accused persons similarly circumstanced have
been granted bail.
Learned counsel appearing on behalf of the State opposes
the prayer for bail and submits that next date is fixed for
recording of prosecution evidence.
We have considered the materials on record including the
case diary and that co-accused persons who are similarly
circumstanced with the petitioner have been enlarged on bail, we
are therefore inclined to grant bail to the petitioner.
Accordingly, we direct that the petitioner shall be released
on bail upon furnishing a bond of Rs. 10,000/- with two sureties
of like amount each, one of whom must be local, to the
satisfaction of the Learned Chief Judicial Magistrate, Nadia
subject to the condition that during bail he shall appear before
the learned trial court regularly till disposal of the trial and he
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shall not intimidate witnesses or tamper with evidence in any
manner whatsoever.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
Accordingly, the application for bail is allowed.
C.R.M. 3755 of 2019 is, thus, disposed of.
Urgent photostat copy of this order, if applied for, be given
to the parties upon compliance of all formalities.
(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)
