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29 13.02.2018

AB Court 28 C.R.M. 1314 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Kaliganj P.S. Case
No.309 of 2017 dated 11.10.2017 under Sections 498A/304B/
34 of the Indian Penal Code read with Sections 3 /4 of the
Dowry Prohibition Act

And

In the matter of : Lalmohan Dafadar @ Laltu

…Petitioner.

Mr. Prabir Majumder,
Mr. S. Majumder …for the Petitioner.

Mr. A. K. Maity, Ld. APP,
Mr. Anjan Dutta,
Ms. S. Bhattacharya …for the State.

It is submitted on behalf of the petitioner that he is in

custody for 115 days and it is further submitted that he has

been falsely implicated in the instant case.

Learned counsel appearing for the State opposes the

prayer for bail.

Having considered the materials on record and bearing

in mind the nature of the allegations and the extent of complicity

of the petitioner in the alleged crime and the period of detention

suffered by him and the fact that investigation is complete, we

are of the opinion that further detention of the petitioner is not

necessary and he may be granted bail.

Accordingly, we direct that the petitioner shall be
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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 Chief

Judicial Magistrate, Nadia at Krishnagar 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.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)