AB Court 28
C.R.M. 2746 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Murshidabad P.S. Case
No.331 of 2016 dated 13.7.2016 under Sections 498A/326/
307/34 of the Indian Penal Code read with Sections 3 /4 of the
Dowry Prohibition Act
In the matter of : Soriful Sk. @ Sariful Islam @ Sk.
Ms. Minoti Gomes,
Md. Hafiz Ali …for the Petitioner.
Ms. Sukanya Bhattacharya,
Mr. Arindam Sen …for the State.
It is submitted on behalf of the petitioner that he is in
custody for 192 days and it is further submitted that he has
been falsely implicated in the instant case.
Learned counsel appearing for the State opposes the
prayer for bail.
Having considered the materials in the case diary and
bearing in mind the period of detention suffered by the petitioner
and the fact that trial has not commenced, we are of the opinion
that further detention of the petitioner is not necessary.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing 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, Lalbag 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
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
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)