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Tapas Borat @ Tapas Barat vs The State Of West Bengal on 11 June, 2018


97 11.06.2018

C.R.M. 3010 of 2018
sg Ct. No.28
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.05.2018
in connection with Kulti P.S. Case No. 182/17 dated 02.05.2017 under Sections 498A/304B/120B/406 of
(Allowed) the Indian Penal Code and Sections 3 and 4 of D.P. Act.

Tapas Borat @ Tapas Barat
The State of West Bengal

Mr. Debasish Roy, Adv.

Mr. A. Ghotak, Adv.

Mr. I. Dey, Adv.

Mr. R. Poddar, Adv.

…for the petitioner
Mr. Rana Mukherjee, Adv.

Mr. I. Kabir, Adv.

…for the State

Petitioner is in custody for 152 days and it is submitted that he has been

falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail.

We have considered the materials on record and bearing in mind the

period of detention of the petitioner and the fact that the report of the hand

writing expert does not support the fact that the victim had executed the suicide

note, we are inclined in granting bail to the petitioner.

Accordingly, 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, Asansol, Burdwan, on condition that he shall appear before the trial

court on every date of hearing and shall not intimidate witnesses and/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 in

accordance with law without further reference to this court.

The application for bail is, thus, allowed.

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

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