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24.12.2019
136
sdas
Allowed

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.

And

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
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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.)