CRM 7706 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 22.08.2019 in connection with English
Bazar P.S. Case No. 632/2019 dated 09.07.2019 under Sections
498A/Section376/Section323/Section379/Section506/Section34 of the Indian Penal Code.
In the matter of: Alkash Mia @ Alkesh Mia
Mr. Musharraf Alam Sk.
…for the Petitioner.
Ms. Sukunya Bhattacharyya,
Mr. Mirza Firoj Ahmed Begg
…for the State.
It is submitted on behalf of the petitioner that he is the
brother-in-law of the victim housewife and has been falsely
implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail.
Having considered the material on record and bearing in mind
the nature of allegations in the light of the submission relating to
false implication in the instant case owing to matrimonial dispute
and in view of the period of detention suffered by the petitioner, we
are inclined to grant bail to the petitioner.
Let the petitioner 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 Chief Judicial
Magistrate, Malda subject to the condition that during bail the
petitioner shall appear before the learned trial court regularly till
disposal of the trial and the petitioner shall not intimidate witnesses
or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to comply with the conditions
as enshrined hereinbefore, it is open to the trial court to cancel the
bail without any further reference to this Court.
The application for bail is, thus, disposed of.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)