C.R.M. 12314 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 24.12.2019 in connection with Habibpur
Police Station Case No. 35 of 2019 dated 06.02.2019 under Sections
498A/Section306/Section34 of the Indian Penal Code.
In Re : Tagar Bhuimali …… petitioner
Ms. Minoti Gomes
…..for the petitioner
Mr. Anwar Hossain,
Ms. Benajir Hasna
….for the State
Having considered the materials on record and bearing in mind the
nature of allegations in the light of the submission that the incident
occurred in the course of a quarrel between the petitioner and his
deceased 13 years after marriage wife and in view of period of detention
suffered by him i.e. 119 days and as investigation is complete, we are
inclined to grant bail to the petitioner.
Accordingly we direct that the petitioner shall 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
Sessions Judge, Malda, subject to condition that the petitioner shall
appear before the trial court on every date of hearing until further orders
and shall not intimidate the 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, accordingly, allowed.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)