Calcutta High Court (Appellete Side)
Protik Sarkar vs Unknown on 1 February, 2018
1 24 01.02.2018
C.R.M. 912 of 2018 sg Ct. No.28 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure (Allowed) filed on 30.01.2018 in connection with Jalangi Police Station Case No. 793/2017 dated 29.09.2017 under Sections 326/307/34 of the Indian Penal Code.
And In the matter of: Protik Sarkar ....petitioner Mr. Jisan Iqbal Hossain, Adv.
...for the petitioner Zarin N. Khan, Adv.
Ms.Trina Mitra, Adv.
...for the State The petitioner is in custody for 116 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. Having considered the materials in the case diary and bearing in mind the nature of allegations and the period of detention suffered by the petitioner, we are inclined in granting bail to the petitioner.
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 Chief Judicial Magistrate, Murshidabad at Behrampore, subject to condition that the petitioner 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, he 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, thus, allowed. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.) 2