JUDGMENT

D.K. Jain, J. —

Leave granted.

2. This appeal, by special leave, is directed against order dated 11 th January, 2010 passed by the High Court of Calcutta in C.R.M. No. 272 of 2010, granting regular bail to respondent No. 1 in this appeal (hereinafter referred to as “the accused”), under Section 439 of the Code of Criminal Procedure, 1973 (for short “the Code”).

3. The accused is facing trial for an offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “IPC”) for allegedly committing the murder of one Ms. Mallika Sen. Respondent No.2 is the State of West Bengal.

4. Very briefly stated the facts material for the adjudication of this appeal can be stated thus:

Ms. Mallika Sen, a 57 years old widow was found strangulated at her residence on 2nd July, 2009. The appellant, who is the brother of the victim, lodged a written complaint at the Rampurhat Police Station, on the basis of which FIR No. 111/09 dated 2nd July, 2009 was registered under Section 302, IPC.

It has been alleged that a neighbour of late Ms. Sen, one Mr. Somenath Dutta, saw the accused rushing out of the residence of the deceased, around the time the incident took place. The accused was ar