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Jiaul Hoque @ Jiarul Hoque vs Unknown on 31 January, 2018

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53 31.01.2018
Aloke Court 28 C.R.M. 893 of 2018
In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 30.01.2018 in connection with
Beldanga P.S. Case No. 91 of 2017 dated 19.02.2017 under
Sections 498A/302/34 of the Indian Penal Code.

And

In the matter of : Jiaul Hoque @ Jiarul Hoque

Mr. Prabir Majumder
Mr. Amanul Islam
… for the Petitioner

Mr. Saswata Gopal Mukherjee, ld. P.P.

Allowed Ms. Amita Gaur
… for the State

It is submitted on behalf of the petitioner that petitioner

is in custody for 120 days and it is submitted that the cause of

death is one of ante-mortem hanging and the incident occurred

15 years after marriage.

Learned counsel appearing for the State opposes the

prayer for bail and submits that his prayer was rejected earlier by

this Court.

We have considered the materials on record and we find

that there has been no progress in the matter since the last

rejection of bail by this Court. We also note that the victim had

died 15 years after marriage and the cause of death is one of ante-
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mortem hanging and bearing in mind the aforesaid facts and the

period of detention suffered by the petitioner, we are inclined in

granting bail to the petitioner.

Accordingly, we direct that the petitioner shall be released

on bail upon furnishing bond of Rs.10,000/-(Rupees Ten

Thousand only) with two sureties of like amount, one of whom

shall be local, to the satisfaction of the learned Chief Judicial

Magistrate, Murshidabad at Berhampore on condition that he

shall appear before the trial court on every date of hearing and

shall not intimidate witnesses or tamper with evidence in any

manner whatsoever.

In the event the petitioner fails to appear before the trial

court, the trial court shall be at liberty to cancel his bail without

further reference to this Court.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
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