Aloke Court 28 C.R.M. 2849 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 15.05.2018 in connection with
Salar P.S. Case No. 198 of 2017 dated 08.11.2017 under
Sections 498A/304B/34 of the Indian Penal Code.
In the matter of : Swarup Ghosh
Ms. Madhushri Dutta Majumder
… for the Petitioner
Mr. Bidyut Kr. Roy
Ms. Rita Datta
… for the State
Allowed It is submitted on behalf of the petitioner that the
petitioner is in custody for 209 days and it is submitted that
recording of prosecution evidence has not commenced as yet
and other accused persons are on bail.
Learned counsel appearing for the State opposes the
prayer for bail.
We have considered the materials on record and bearing
in mind the period of detention suffered by the petitioner and
the fact that recording of prosecution evidence has not
commenced as yet, we are inclined in granting bail to the
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, Kandi, Murshidabad, on condition
that he 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, 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.)