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