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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.
And
In the matter of: Rashidul Haque @ Rashidul Hoque
….petitioner.
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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