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03.09.2019

SL No.277
AP

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.

And

In the matter of: Alkash Mia @ Alkesh Mia
….Petitioner.

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
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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.)