C. R. M. 7571 of 2018
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
11.09.2018 in connection with Chanchal Police Station Case No. 388 of 2018 dated
21.06.2018 under Sections 498A/304 of the Indian Penal Code. (G.R. Case No. 1147 of
In Re: Moti Chandra Das @ Mati Chandra Das
… … Petitioner
Mr. A. Chakraborty .. Advocate
Mr. Arup Sarkar .. Advocate
… … for the petitioner
Mr. Bidyut Kumar Roy .. Advocate
Ms. Rita Datta .. Advocate
… … for the State
The petitioner seeks bail in connection with Chanchal Police Station Case No.
388 of 2018 dated 21.06.2018 under Sections 498A/304 of the Indian Penal Code.
The petitioner has been in custody for 87 days and the charge-sheet has been
According to the petitioner, the case made out by the prosecution can, at the
highest, imply that the petitioner may have fatally injured the victim in a fit of rage. The
petitioner says that he has two children aged nine and eight and such children do not
have any one else to look after them.
The State produces the case diary and refers to the nature of the injury.
According to the State, the matter is fixed before the trial court for commitment.
Since the investigation has been completed, there may not be any need to
detain the petitioner for custodial interrogation subject to the petitioner reporting to the
Officer-in-charge, Chanchal police station once in a week till the trial is concluded and
further subject to the petitioner not leaving the jurisdiction of Chanchal police station
without the express previous leave of the Officer-in-charge of the relevant police station.
Accordingly, the petitioner is directed to be released on bail upon furnishing a
bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount, one of
whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate,
Chanchal, Malda on condition that he shall not intimidate the witnesses or tamper with the
evidence in any manner whatsoever and he shall appear before the trial court on every
date of hearing and in the event he fails to do so, the trial court shall be at liberty to cancel
his bail without further reference to this court.
The application for bail is, accordingly, allowed.
A certified copy of this order be immediately made available to the petitioner
subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)