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Mihir Kumar Sarkar vs Unknown on 7 June, 2018


46 07.06.2018

AB Court 28 C.R.M. 3426 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Nakashipara P.S. Case
No.572 of 2017 dated 15.9.2017 under Sections 498A/308/
313/34 of the Indian Penal Code


In the matter of : Mihir Kumar Sarkar


Mr. Sekhar Basu, Sr. Advocate,
Mr. Ranadeb Sengupta,
Ms. Suchismita Dutta …for the Petitioner.

Ms. Sukanya Bhattacharya,
Mr. MFA Begg …for the State.

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

custody for 77 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 period of detention suffered by the petitioner in the

light of the nature of allegations, we are of the opinion that

further detention of the petitioner is not necessary in the facts of

the case.

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 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 and on further condition that he shall meet

the Investigating Officer of the case once a week until further


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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