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25 07.08.2018
rkd Ct. No.28 C.R.M. 2331 of 2018
(Allowed)

In Re: - An application for bail under Section 439 of the Code of


Criminal Procedure filed on 07/05/2018 in connection with
Madhyamgram P.S. Case No. 105 of 2017 dated 28/02/2017
under Sections 392/395/412 of the India Penal Code.

And

In the matter of: Amar Paul @ Akash


….petitioner.

Mr. Ayan Bhattacharya


…for the petitioner.
Mr. Sudip Ghosh,
Mr. Bitasok Banerjee
…for the State.

Petitioner is in custody for 400 days and it is submitted

that there is slow progress of trial in the instant case.

Learned counsel appearing on behalf of the State opposes

the prayer for bail and submits that petitioner has criminal

antecedents.

We have considered the materials on record. We note that

petitioner is in custody for more than a year and there is slow

progress of trial and there is little likelihood of the trial

concluding in the near future. No charge was framed for

commission of dacoity against the petitioner. Hence, we are

inclined to grant bail to the petitioner.

Let the petitioner 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, subject to the satisfaction of the Learned

Chief Judicial Magistrate, North 24 Parganas, subject to the

condition that during bail he shall appear before the learned trial

court regularly till disposal of the trial and he shall not tamper

intimidate witnesses or tamper with evidence in any manner

whatsoever and on further condition that he shall meet the

investigating officer of Madhyamgram P.S. once in a week until


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further orders. It is also directed that after release the petitioner

shall not leave the jurisdiction of Madhyamgram Police Station

until further orders except for the purpose of attending the court

proceedings.

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.

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

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