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Nitai Polley vs Unknown on 4 July, 2018

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27 04.07.2018

AB Court 28 C.R.M. 4432 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Uluberia P.S. Case
No.307 of 2018 dated 1.5.2018 under Sections 498A/302
304B/34 of the Indian Penal Code read with Sections 3/4 of the
Dowry Prohibition Act

And

In the matter of : Nitai Polley
…Petitioner.

Mr. Himanshu De, Sr. Advocate,
Mr. R. I. Sardar …for the Petitioner.

Mr. S.G. Mukherjee, Ld. PP,
Ms. Amita Gaur …for the State.

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

custody for 42 days and that he is the uncle-in-law of the victim

housewife. It is further submitted that the petitioner did not

reside at the matrimonial home of the victim.

Learned Public Prosecutor opposes the prayer for bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations in the light of the

aforesaid submissions made on behalf of the petitioner and the

period of detention suffered by him, 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

released on bail upon furnishing a bond of Rs.10,000/-(Rupees
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Ten Thousand only) with two sureties of like amount each, one

of whom shall be local, to the satisfaction of the learned

Additional Chief Judicial Magistrate, Uluberia 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 in a week until

further orders.

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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