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35 02.05.2018
AB Court 28
C.R.M. 1214 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Krishnagar-Kotwali P.S.
Case No.451 of 2017 dated 13.10.2017 under Sections
498A/306/34 of the Indian Penal Code
And
In the matter of : Usha Rani Halder
…Petitioner.
Mr. Sumanta Das …for the Petitioner.
Mr. Bidyut Kr. Roy,
Ms. Rita Dutta …for the State.
It is submitted on behalf of the petitioner that she is in
custody for 140 days and it is further submitted that other
accused persons are on bail.
Learned counsel appearing for the State opposes the
prayer for bail.
Having considered the materials in the case diary and
bearing in mind the general and omnibus nature of allegations
and the period of detention suffered by the petitioner who is a
lady and the fact that co-accused persons are on bail, we are of
the opinion that further detention of the petitioner is not
necessary.
Accordingly, we direct that the petitioner shall be
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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 Chief
Judicial Magistrate, Nadia on condition that she shall appear
before the trial court on every date of hearing and shall not
intimidate witnesses nor tamper with evidence in any manner
whatsoever.
In the event the petitioner fails to appear before the trial
court, the trial court shall be at liberty to cancel her 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
legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)