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Jahangir Sekh @ Jahanger vs Unknown on 12 June, 2019

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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.)

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