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Judgment
Heard Mr. Debajit Biswas, learned counsel appearing for the accused-petitioner and Mr. Ratan Datta, learned P.P. appearing for the State-respondent.
This is an application filed under section 439 Cr.P.C. for granting bail to the accused-petitioner, namely, Tutan Ghosh, who has been arrested in connection with Khowai P.S. Case No 093 of 2020, under Sections-447, 376, 323 and 506 of IPC.
I have perused the case diary as produced by Mr. Datta, learned P.P. for the State-respondent.
From the case diary it is seen that the victim was in living relationship with the accused-petitioner for the last five years. Even the FIR was lodged after elapse of twelve days of the last physical relationship between the victim and the accused-person. At the time of medical examination no seminal stain was found by the doctor.
In the circumstances of the case, in my opinion, it is a fit case for granting bail to the accused-person. Accordingly, it is ordered that the accused-petitioner shall be released on bail, on furnishing a bail bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Elaka Magistrate.
However, the accused-petitioner shall co-operate and assist the process of investigation in all respects.
With the above observations and directions, the instant application stands allowed and thus disposed of.
Return back the case diary.