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Mainak Ghosh vs Unknown on 6 September, 2018



RP 47
CRM 5859 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Bizpore P.S. Case No.256
of 2018 dated 02.05.2018 under Sections
498A/354C/376B/307/309/109/34 of the Indian Penal Code.


In the matter of : Mainak Ghosh
…. Petitioner

Mr. Debasis Kar, Adv.

Mr. Shyamal Krishna Deb, Adv.

….. For the Petitioner

Mr. Rana Mukherjee, Adv.

Ms. Sukanya Bhattacharya, Adv.

….. For the State

Mr. A. Sarkar, Adv.

….. For de facto complainant

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

for 56 days. It is further submitted that he has been falsely

implicated in the instant case.

Learned Advocate for the State opposes the prayer for bail.

Learned Advocate for the de facto complainant opposes the

prayer for bail.

We have considered the materials on record. We find that there

is delay in lodging the FIR in regard to the alleged incident of

misbehaviour by the petitioner with his wife. In view of the aforesaid

fact and bearing in mind the period of detention suffered by him, 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/-( 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,

Barrackpore, North 24 Parganas on condition that he shall not

intimidate the witnesses and/or tamper with evidence in any manner

whatsoever. He shall appear before the trial Court on every date of

hearing and in the event he fails to do so, the trial Court shall be at

liberty to cancel his bail without further reference to this Court.

The application for bail is, thus, allowed.

Urgent Photostat certified copy of this order, if applied for, be

delivered to the learned advocates for the parties, upon compliance of

usual formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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