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27 14.02.2018
rkd Ct. No.28 C.R.M. 1366 of 2018
(Allowed)
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 12/02/2018 in connection with
Nabadwip P.S. Case No. 451 of 2017 dated 05/11/2017 under
Sections 498A/304B/109/34 of the Indian Penal Code.
And
In the matter of: Shibu Deb Sharma
….petitioner.
Mr. I. R., Chowdhury,
Mr. A. Sadhu,
Ms. M. Pandit
…for the petitioner.
Mr. Saswata Gopal Mukherjee, P.P.,
Ms. A. Gaur
…for the State.
Petitioner is in custody for 96 days and it is submitted
that that the other co-accused persons have been enlarged on
bail.
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 and the fact that other
co-accused persons have been enlarged on bail and that
investigation is complete, we are inclined to grant bail to the
petitioner.
Let the petitioner 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, subject to the satisfaction of the Learned
Judicial Magistrate, 1st Class, Nabadwip, Nadia subject to the
condition that during bail he shall appear before the learned trial
court regularly till disposal of the trial and he shall not
intimidate witnesses or tamper with evidence in any manner
whatsoever.
In the event the petitioner fails to comply with the
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conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
The application for bail is, thus, disposed of.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)