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Judgments of Supreme Court of India and High Courts

Ratan Paul vs Unknown on 18 June, 2018

1

18.06.2018

.

68.
as
(Allowed)
C.R.M. 3885 of 2018

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 15.06.2018 in connection with
Baranagar P.S. Case No.158 of 2017 dated 13.03.2017 under
Sections 498A/304B/306/34 of the Indian Penal Code read with
Section 3 / 4 of Dowry Prohibition Act.

In the matter of : Ratan Paul.

… Petitioner.

Mr. Kallol Kr. Mondal,
Ms. Amrita Chel.

…For the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Amita Gaur. …..For the State.

Heard the learned Counsel appearing on behalf of the parties.

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

custody for one year three months and the co-accused Laxmi Paul

standing on the same footing has been granted bail by this Court.

Learned Advocate appearing for the State opposes the prayer

for bail and submits that the prayer for bail of the petitioner was

rejected earlier by this Court.

We have considered the materials on record and bearing in

mind the period of detention suffered by the petitioner and the fact

that there is no progress in trial since the last rejection of the bail

by this Court and in view of the fact that the co-accused person
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who is similarly circumstanced with the petitioner has been

enlarged on bail, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner, namely, Ratan Paul shall be

released on bail upon furnishing a bond of Rs.10,000/- with two

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

satisfaction of the learned Additional Chief Judicial Magistrate,

Barrackpore subject to condition that the petitioner shall appear

before the trial court on every date of hearing and shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioner fails to appear before the Trial

Court without any justifiable cause, the trial Court shall be at

liberty to cancel his bail in accordance with law without further

reference to this Court.

The application, being C.R.M.3885 of 2018, is disposed of.

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

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