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