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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.
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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.)