Aloke Court 28 C.R.M. 469 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 12.01.2018 in connection with
Sankrail P.S. Case No. 823 of 2017 dated 20.10.2017 under
Sections 498A/302/34 of the Indian Penal Code.
In the matter of : Rakesh Prasad Anr.
Mr. Upendra Roy
Mr. Randhir Singh
… for the Petitioners
Mr. Saswata Gopal Mukherjee, ld. P.P.
Allowed Mr. Partha Pratim Das
… for the State
It is submitted on behalf of the petitioners that they are
in custody for 88 days and that co-accused Punam Prasad was
enlarged on bail by this Court.
Learned counsel appearing for the State opposes the
prayer for bail.
Having considered the materials on record and bearing in
mind the nature of allegations and the fact that co-accused
Punam Prasad has been granted bail, we are inclined in granting
bail to the petitioners also.
Accordingly, we direct that the petitioners shall be
released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten
Thousand only) each with two sureties of like amount each, one of
whom shall be local, to the satisfaction of the learned Chief
Judicial Magistrate, Howrah, on condition that they shall appear
before the trial court on every date of hearing and shall not
intimidate witnesses or tamper with evidence in any manner
In the event the petitioners fail to appear before the trial
court, the trial court shall be at liberty to cancel their 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
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)