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Judgments of Supreme Court of India and High Courts

Samrat Sk vs Unknown on 18 May, 2018

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18.05.2018

Ct.28
RP 84
CRM 2946 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Ranitala P.S. Case No.63 of
2018 dated 05.02.2018 under Section 498A/307/34 of the Indian
Penal Code.

And

In the matter of : Samrat Sk.

…. Petitioner

Mr. Kallol Basu, Adv.

….. For the Petitioner

Mr. Angshuman Chakraborty, Adv.

….. For the State

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

94 days. It is further submitted that he has been falsely implicated in

the instant case.

Learned Advocate for the State produces the case diary and

opposes the prayer for bail.

We have considered the materials on record and bearing in mind

the nature of allegations in the light of the submission made on behalf

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

that investigation is complete, we are inclined to grant bail to the

petitioner.

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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 Additional Chief Judicial Magistrate, Lalbag,

Murshidabad on condition that he shall not intimidate the witnesses

and/or tamper with evidence in any manner whatsoever. He shall

appear before the trial Court on every date of hearing and in the event

he fails to do so, the trial Court shall be at liberty to cancel his bail

without further reference to this Court.

The application for bail is, thus, allowed.

Urgent Photostat certified copy of this order, if applied for, be

delivered to the learned advocates for the parties, upon compliance of

usual formalities.

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