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Judgments of Supreme Court of India and High Courts

Hopna Kisku vs Unknown on 27 June, 2019

1

127 27.06.2019

Samrat Ct. No.42
Allowed
C.R.M. 4781 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11/06/2019 in connection with
Gazole P.S. Case No. 527/2018 dated 24/09/2018 under
Sections 498A/Section306/Section34 of the IPC.

And

In the matter of: – Hopna Kisku
….petitioner.

Mr. Ramdulal Manna,
Ms. Monika Sinha
…for the petitioner.

Mr. Bidyut Kr. Roy,
Ms. Rita Dutta
…for the State.

Heard both sides. Perused the materials on record including

the case diary.

Taking into account that the petitioner is in custody for

about 239 days and investigation of the case has already been

concluded. From the records we find that the marriage was

solemnized almost about 9 years prior to the date of the incident.

We are inclined to release the petitioner on bail.

Accordingly, the application for bail is allowed.

Accordingly, we direct that the petitioner, Hopna Kisku shall

be released on bail upon furnishing a bond of Rs. 10,000/- with

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

satisfaction of the learned Chief Judicial Magistrate, Malda and on

condition that during bail he must not tamper with the evidence

nor intimidate the witnesses in any manner whatsoever and attend

court regularly and face the trial.

In the event of violation of any such conditions, the learned

Court shall be at liberty to cancel the bail of the petitioner without

any further reference to this Court.

CRM 4781 of 2019 is, thus, disposed of.
2

Urgent photostat copy of this order, if applied for, be given

to the parties upon compliance of all formalities.

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

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