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Rashidul Haque @ Rashidul Hoque vs Unknown on 4 January, 2019


35 04.01.2019

rkd Ct. No.28
(Allowed) C.R.M. 11839 of 2018

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 21/12/2018 in connection with
Falakata P.S. Case No. 194 of 2018 dated 28/05/2018 under
Sections 498a/313/109/376(1) of the Indian Penal Code read
with Sections 3/4 of the Dowry Prohibition Act.


In the matter of: Rashidul Haque @ Rashidul Hoque

Mr. A. Ghosh
…for the petitioner.

Ms. Z. N. Khan
Mr. M. F. A. Begg
…for the State.

Petitioner is in custody for 45 days and it is submitted that there is no

medical evidence supporting the allegation of forcible abortion.

Learned counsel appearing on behalf of the State opposes the prayer

for bail and submits that the petitioner used to force his wife to cohabit with

another person.

We have considered the materials on record. We have also noted the

nature of allegations in the light of the aforesaid submission made on behalf of

the petitioner. Keeping in mind the facts and circumstances of the case and in

view of the period of detention suffered by the petitioner, we are inclined to

grant bail to the petitioner.

Let the petitioner 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

Additional Chief Judicial Magistrate, Alipurduar 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

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