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Judgments of Supreme Court of India and High Courts

Kabiraj Kisku @ Matal vs Unknown on 27 February, 2019

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C.R.M. 2163 of 2019

In re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on February 19, 2019 in connection with Bhatar Police Station Case No. 284
of 2018 dated 15.8.2018 under Sections 498A/302 of the Indian Penal Code.

And

In the matter of: Kabiraj Kisku @ Matal …Petitioner.

Mr. Sandip Ghosh
Mr. Partha Sarkar … For the Petitioner

Mr. Partha Pratim Das
Ms. Amita Gaur … For the State

This is a case under Sections 498A/302 of the Indian Penal Code.

The learned advocate for the petitioner submits that the petitioner is in custody for 198
days and charge sheet has been filed on 15th November, 2018. Further the case has not been
committed.

The learned advocate for the State opposes the prayer for bail and submits that the
petitioner being the sole accused has every chance that he may flee away and thereby jeopardise
the trial.

Having considered the materials in the case diary as also the fact that the investigation
has been concluded, we are 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, Purba Burdwan and on condition that
during bail he must not tamper with the evidence nor intimidate the witnesses in any manner
whatsoever and attend court regularly and face the trial.

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In the event of violation of any such conditions, the learned Court shall be at liberty to
cancel the bail of the petitioner without any further reference to this Court.

Accordingly, the application for bail is allowed.

C.R.M. 2163 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.

(Md. Mumtaz Khan, J.)

(Tirthankar Ghosh, J.)

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