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Judgments of Supreme Court of India and High Courts

Sk. Moba @ Sk. Mobarak Ali vs Unknown on 5 July, 2018


16 05.07.2018
AB Court 28
C.R.M. 4448 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Junput Coastal P.S.
Case No.12 of 2018 dated 12.2.2018 under Sections
498A/326/307/302/304B of the Indian Penal Code read with
Sections 3 and 4 of the Dowry Prohibition Act


In the matter of : Sk. Moba @ Sk. Mobarak Ali


Mr. Amitava Karmakar …for the Petitioner.

Mr. S. G. Mukherjee, Ld. PP,
Ms. Amita Gaur …for the State.

Petitioner renews his prayer for bail and submits that he

is in custody for 142 days and there is hardly any progress in

the matter since the last rejection of bail by this court.

Learned Public Prosecutor opposes the prayer for bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations and the period of

detention suffered by the petitioner and the fact that there is

hardly any progress in the matter since the last rejection of bail

by this court, we are inclined to grant bail to the petitioner.

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 each, one

of whom shall be local, to the satisfaction of the learned

Additional Chief Judicial Magistrate, Contai on condition that he

shall appear before the trial court on every date of hearing and

shall not intimidate witnesses nor tamper with evidence in any

manner whatsoever.

In the event the petitioner fails to appear before the trial

court, the trial court shall be at liberty to cancel his 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

legal formalities.

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

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