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Judgments of Supreme Court of India and High Courts

Jan Mohammad Khan vs Unknown on 14 January, 2019

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46. 14.01.2019
Aloke Court 28 C.R.M. 448 of 2019
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 10.01.2019 in connection with
Taldangra P.S. Case No. 15 of 2018 dated 18.03.2018 under
Sections 498A/323/307/506/34 of the Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act.

And

In the matter of: Jan Mohammad Khan

Mr. Soumik Ganguli
… for the Petitioner
Mr. Bidyut Kr. Roy
Ms. Rita Datta
… for the State
Allowed

It is submitted on behalf of the petitioner that petitioner

is in custody for about 124 days and co-accused persons are on

bail/anticipatory bail and it is submitted that investigation is

complete.

Learned counsel for the State opposes the prayer for

bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations and the period of

detention suffered by the petitioner and that the investigation is

complete, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be

released on bail upon furnishing 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 Additional

Chief Judicial Magistrate, Bankura, on condition that he shall

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

not intimidate witnesses or 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
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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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