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Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the
present.
The petitioner has been made accused in connection with Radhanagar P.S. Case No.372 of 2019 corresponding to G.R. No.1882 of 2019 registered
under Sections 302/120B and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has committed the murder of his wife. It is submitted that the allegation against the
petitioner is false. It is next submitted that though the F.I.R. has been registered under Section 302 of the Indian Penal Code but after investigation
police has submitted charge-sheet against the petitioner for having committed the offence punishable under Sections 498- A/306/34 of the Indian Penal
Code. It is also submitted that the petitioner was not present at the place of occurrence rather he was at Thiruvananthapuram in the State of Kerala.
It is also submitted that though the independent witnesses whose statement appears in para-13 of the case-diary, has categorically stated that the
deceased committed suicide and she was not pulling on well with the petitioner and there was a quarrel between them two days prior to the
occurrence. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner
has been in custody since 25.08.2020 which is evident from para-01 of the instant bail application. Hence it is submitted that the petitioner be released
on bail.
Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Rajmahal in connection with Radhanagar P.S. Case No.372 of 2019 corresponding to G.R. No.1882 of 2019 with the condition
that he will co-operate with the trial of the case.
