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07.11.19
Sl. No.374
akd
[ALLOWED]
C. R. M. 10205 of 2019
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
05.11.2019 in connection with Banshihari Police Station Case No. 147 of 2019 dated
11.09.2019 under Sections 498A/Section307/Section34 of the Indian Penal Code read with Sections 3/Section4
of the Dowry Prohibition Act.
And
In Re: Ahinul Haque @ Ohinul Haque @ Ainul
… … Petitioner
Mr. Bitasok Banerjee .. Advocate
… … for the petitioner
Mrs. Sukanya Bhattacharyya .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State
The petitioner is seeking bail in connection with a case relating to offences
punishable under Sections 498A/Section307/Section34 of the Indian Penal Code read with Sections 3/Section4
of the Dowry Prohibition Act.
It is submitted on behalf of the petitioner that he is in custody for about 55 days
and that there is inordinate delay in lodging the FIR.
Learned Counsel for the State produces the case diary and opposes the prayer
for bail.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the submission that there is inordinate delay in lodging the FIR
and in view of the period of detention suffered by the petitioner, we are of the opinion that
further detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Ahinul Haque @ Ohinul Haque @
Ainul, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand
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only), with two sureties of like amount each, one of whom must be local, to the satisfaction
of the learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin
Dinajpur subject to condition that the said petitioner shall appear before the trial court on
every date of hearing until further orders and shall not intimidate witnesses or tamper with
evidence in any manner whatsoever.
In the event he fails to appear before the trial court without justifiable cause, the
trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
