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Kishan Das vs Unknown on 9 October, 2018


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


In the matter of : Kishan Das


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


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

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.)

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