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10.09.2018
40
sdas
Allowed
C.R.M. 7383 of 2018
In Re:- An application under Section 439 of the Code of Criminal
Procedure filed on 07.09.2018 in connection with Ashoknagar Police
Station Case No. 379 of 2018 dated 12.06.2018 under Sections
498A/302 of the Indian Penal Code.
And
In Re : Md. Firoz Haque …… petitioner
Mr. Arnab Chatterjee
…..for the petitioner
Mr. Bidyut Kumar Roy,
Ms. Rita Datta
….for the State
The petitioner seeks bail in connection with Ashoknagar Police
Station Case No. 379 of 2018 dated 12.06.2018 under Sections
498A/302 of the Indian Penal Code.
The petitioner is the husband of the victim who was found dead
by hanging.
The State relies on the statements of the neighbours which, at
the highest, appear to be their suspicion that the petitioner may have
committed the crime.
Subject to the petitioner complying with the conditions as stated
hereinbelow, there does not appear to be any further need to detain the
petitioner in custody. The charge-sheet has been submitted.
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Accordingly, the petitioner is directed to 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, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Barasat, on condition that he shall
not intimidate the witnesses or tamper with the evidence in any manner
whatsoever and he shall not commit similar offences in future and he
shall appear before the trial court on every date of hearing and in the
event he fails to do so, the trial court shall be at liberty to cancel his
bail without further reference to this Court.
The application for bail is, accordingly, allowed.
A certified copy of this order be immediately made available to the
petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)