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Judgments of Supreme Court of India and High Courts

Sk. Samiul vs Unknown on 13 July, 2018

10. 13.07.2018
Aloke Court 28 C.R.M. 4697 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 10.07.2018 in connection with
Manikchak P.S. Case No. 152 of 2018 dated 21.05.2018 under
Sections 498A/325/506/376/511/201 of the Indian Penal
Code and Sections 3/4 of the D.P. Act.

And

In the matter of : Sk. Samiul

Mr. P.K. Datta
Mr. S. Deb
Mr. N. Dhali
… for the Petitioner
Mr. Saswata Gopal Mukherjee, ld. P.P.

Ms. Amita Gaur
Allowed … for the State

It is submitted on behalf of the petitioner that the

petitioner is in custody for 50 days and he has been falsely

implicated in the instant case.

Learned counsel appearing for the State opposes the

prayer for bail.

We have considered the materials in the case diary and

bearing in mind the nature of offence and the period of detention

suffered by the petitioner, we are of the opinion that further

detention of the petitioner is not necessary and petitioner may

be granted bail subject to strict conditions.

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, Malda, on condition that he shall meet

the investigating officer once in a week until further orders and

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 justifiable cause and fulfil the conditions as

aforesaid, 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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