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Judgments of Supreme Court of India and High Courts

Abdul Khalek Sk vs Unknown on 21 February, 2019

1

21.02.2019

Ct.42
RP 47
Allowed

CRM 2006 of 2019

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Nakashipara Police
Station Case No.714 of 2018 dated 06.12.2018 under Section
498A/304B/34 of the Indian Penal Code.

And
In the matter of : Abdul Khalek Sk.

…. Petitioner

Mrs. Karabi Roy, Adv.

….. For the Petitioner

Md. Anwar Hossain, Adv.

Ms. Benazir Hasna, Adv.

….. For the State

The learned Advocate appearing on behalf of the petitioner

submits that the petitioner is the husband of the victim and he is

innocent and in no way connected with the offence alleged against

him. She further submits that the victim committed suicide at her

father’s house after five days of her arrival there. She also submits

that other in-laws of the victim have already been granted

anticipatory bail by a coordinate bench of this Court and this

petitioner is in custody for 77 days.
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The learned Advocates appearing for the State opposes the

prayer for bail.

We have considered the submissions of the learned Counsel

appearing for the parties and have perused the case diary including

the statements of the witnesses recorded under Section 161 CrPC as

well as 164 CrPC.

Having considered the facts and circumstances of the case and

the materials in the case diary and bearing in mind the period of

detention, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on

bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand

only) with to sureties of like amount each, one of whom must be local,

to the satisfaction of the learned Additional Chief Judicial Magistrate,

Krishnagar, Nadia and on condition that during bail he shall not

intimidate the witnesses and/or tamper with evidence in any manner

whatsoever and shall appear before the Court below on every date of

hearing.

In the event of violation of any of the above conditions, the

learned Court below shall be at liberty to cancel the bail of the

petitioner without further reference to this Court.

The application for bail is, accordingly, allowed.

CRM 2006 of 2019 is thus disposed of.

3

Urgent Photostat certified copy of this order, if applied for, be

delivered to the learned Advocates for the parties, upon compliance of

all formalities.

(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)
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