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Judgments of Supreme Court of India and High Courts

Sayed Ajim Ashra & Anr vs Unknown on 20 February, 2020

1

129 20.02.2020

rkd Ct. No.28
(Allowed)
C.R.M. 1956 of 2020

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 19/02/2020 in connection with
English Bazar P.S. Case No. 163 of 2016 dated 10/03/2016
under Sections 498A/325/307/34 of the Indian Penal Code and
under Sections 3/4 of the D.P. Act.

And

In the matter of: Sayed Ajim Ashra Anr.

….petitioners.

Mr. A. Karmakar
…for the petitioners.

Mr. R. R. Chowdhury,
Mr. M. Gupta
…for the State.

Petitioners are in custody for 336 days.

Learned counsel appearing on behalf of the State 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

submission that parties have amicably resolved their

matrimonial dispute wherefrom the instant case had arisen and

in view of period of detention suffered by the petitioners, we are

inclined to grant bail to the petitioners.

Accordingly, the petitioners is directed to be released on

bail upon furnishing a Bond of Rs. 10,000/- each with two

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

satisfaction of the Learned Chief Judicial Magistrate, Malda

subject to the condition that during bail they shall appear before

the learned trial court regularly till disposal of the trial and they

shall not intimidate witnesses or tamper with evidence in any

manner whatsoever.

In the event the petitioners fail to comply with the

conditions as enshrined hereinbefore, it is open to the trial court

to cancel the bail without any further reference to this Court.
2

The application for bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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