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Judgments of Supreme Court of India and High Courts

Sukumal Pahari vs Unknown on 11 March, 2020

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132 11.03.2020

rkd Ct. No.28
(Allowed)
C.R.M. 2555 of 2020

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 05/03/2020 in connection with
Patashpur P.S. Case No. 184 of 2019 dated 24/06/2019 under
Sections 498A/376 of the Indian Penal Code and under Sections
4/6 of the POCSO Act.

And

In the matter of: Sukumal Pahari
….petitioner.

Mr. A. Karmakar,
Mr. A. Bhowmick
…for the petitioner.

Mr. B. K. Roy,
Ms. R. Datta
…for the State.

Petitioner is in custody for 252 days. It is further

submitted that he has been falsely implicated in the instant case

due to matrimonial dispute.

Learned counsel appearing on behalf of the State opposes

the prayer for bail and submits that the minor became pregnant

and gave birth to a child.

Having considered the materials in the case diary and

bearing in mind the nature of allegations in the light of the

submission that petitioner has been falsely implicated in the

instant case due to matrimonial dispute and in view of the period

of detention suffered by the petitioner, we are inclined to grant

bail to the petitioner.

Accordingly, the petitioner is directed to 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, to the satisfaction

of the Learned Additional Sessions Judge, 1st Court cum Judge,

Special Court, Contai subject to the condition that during bail he

shall appear before the learned trial court regularly and he shall

not intimidate witnesses or tamper with evidence in any manner
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whatsoever.

In the event the petitioner fails to comply with the

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.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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