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Akkas Sk vs Unknown on 21 February, 2019

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21.02.2019

Ct.42
RP 66
Allowed

CRM 2034 of 2019

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Ranitala Police Station Case
No.450 of 2018 dated 20.09.2018 under Section
498A/304B/302/34 of the Indian Penal Code.

And
In the matter of : Akkas Sk.

…. Petitioner

Mr. Debapria Samanta, Adv.

….. For the Petitioner

Mr. Bidyut Kumar Roy, Adv.

Ms. Rita Dutta, Adv.

….. For the State

The learned Advocate appearing on behalf of the petitioner

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

innocent and has falsely implicated in the instant case. He further

submits that investigation has concluded and charge sheet has been

submitted and the mother-in-law and sister-in-law, are on bail and this

petitioner is in custody for 115 days.

The learned Advocates appearing for the State opposes the prayer

for bail
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We have considered the submissions of the learned Counsel

appearing for the respective parties and have perused the case diary.

Having considered the submissions of the learned Advocates for

the respective parties and the materials in the case diary and further

that investigation has concluded and charge sheet has been submitted

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

two sureties of like amount each, one of whom must be local, to the

satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh,

Murshidabad and on condition that he shall not intimidate the

witnesses and/or tamper with evidence in any manner whatsoever and

shall appear before the trial Court 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 2034 of 2019 is thus disposed of.

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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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