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Judgments of Supreme Court of India and High Courts

Manik Sk. Alias Samsul Haque vs Unknown on 26 July, 2018

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26.07.2018

.

14.
as
(Allowed).

C.R.M. 4960 of 2018

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 17.07.2018 in connection with Chapra
P. S. Case No.52 of 2017 dated 15.02.2017 under Sections
498A/302/34 of the Indian Penal Code.

In the matter of : Manik Sk. alias Samsul Haque
Piada Anr.

… Petitioners.

Mr. K. K. Mukherjee.

…for the Petitioners.

Mr. Rana Mukherjee,
Ms. Sukanya Bhattacharyya.

…..for the State.

Heard the learned Counsels appearing on behalf of the

parties.

It is submitted on behalf of the petitioners that they are in

custody for 66 days and that co-accused persons are on bail.

Learned Advocate appearing for the State opposes the prayer

for bail.

We have considered the materials on record and bearing in

mind the extent of complicity of the petitioners in the alleged crime

and the fact that the petitioners are not the principal accused and

that co-accused persons similarly circumstanced with the
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petitioners have been enlarged on bail, we are inclined to extend

the same privilege to the petitioners also.

Accordingly, the petitioners, namely, Manik Sk alias Samsul

Haque Piada and Insan Sk. alias Inchhan Sk. shall be released on

bail upon furnishing a bond of Rs.10,000/- each with two sureties

of like amount each one of whom must be local to the satisfaction

of the learned Chief Judicial Magistrate, Nadia on condition that

the petitioners shall appear before the trial court on every date of

hearing until further orders and they shall not intimidate

witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the Trial

Court, the trial court shall be at liberty to cancel their bail in

accordance with law without further reference to this Court.

The application, being C.R.M.4960 of 2018, is disposed of.

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

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