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113 09.10.2018
AB Court 28 C.R.M. 9014 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Krishnagar Women P.S.
Case No.107 of 2017 Dated 15.7.2017 under Sections 498A
326/307/34 of the Indian Penal Code
And
In the matter of : Kishan Das
…Petitioner.
Mr. Prabir Majumder,
Mr. S. Majumder …for the Petitioner.
Mr. Bidyut Kr. Roy,
Ms. Rita Dutta …for the State.
It is submitted on behalf of the petitioner that he is in
custody for 83 days and that he has been falsely implicated in
the instant case. It is further submitted that investigation is
complete.
Learned lawyer appearing for the State opposes the
prayer for bail.
Having considered the materials on record and bearing
in mind the nature of allegations and the period of detention
suffered by the petitioner and that investigation is complete, we
are of the opinion that further detention of the petitioner may
not be necessary.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/-(Rupees
2
Ten Thousand only) with two sureties of like amount each, one
of whom shall be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Krishnagar at Nadia 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.)