rkd Ct. No.28 C.R.M. 9846 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 30/09/2019 in connection with
Dewandighi P.S. Case No. 76 of 2019 dated 13/06/2019
under Sections 498A/Section302/Section120B/Section304B/Section306 of the Indian Penal
In the matter of: Hakim Molla
Mr. A. Ghatak,
Mr. T. J. Mondal
…for the petitioner.
Mr. S. Banerjee,
Mr. S. De
…for the State.
Petitioner is in custody for 90 days and it is submitted that he
was not present at the place of occurrence when the incident occurred.
Learned counsel appearing on behalf of the State opposes the
prayer for bail and submits that victim suffered unnatural death
within four years of marriage.
Having considered the materials in the case diary and bearing
in mind the nature of allegations and in view of the period of detention
suffered by the petitioner and as investigation is complete, we are
inclined to grant bail to the petitioner.
Accordingly, the petitioner is directed to 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, Burdwan subject to the condition
that during bail he shall appear before the learned trial court regularly
till disposal of the trial and he shall not intimidate witnesses or
tamper with evidence in any manner whatsoever or commit similar
offences in future.
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.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)