C. R. M. 4092 of 2018
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
21.06.2018 in connection with Bhutni Police Station Case No. 58 of 2017 dated
24.05.2017 under Sections 498A/302/201/34 of the Indian Penal Code. [G.R. Case No.
2172 of 2017]
In Re: Dipak Mondal Anr.
… … Petitioners
Ms. Minoti Gomes .. Advocate
Mr. Kalidas Saha .. Advocate
… … for the petitioners
Mr. Rana Mukherjee .. Ld. Addl. Public Prosecutor
Md. Anwar Hossain .. Advocate
… … for the State
The petitioners are seeking bail in connection with a case relating to offences
punishable under Sections 498A/302/201/34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that they are in custody for about 257
days and that they are the in-laws of the victim-housewife. It is further submitted that the
principal accused namely, Gautam Mondal is presently on regular bail.
Learned Counsel for the State produces the case diary and opposes the prayer
We have considered the materials on record. Keeping in mind the period of
detention suffered by the petitioners and the fact that the principal accused namely,
Gautam Mondal is on regular bail and that trial has not commenced as yet, we are of the
opinion that further detention of the accused/petitioners is not necessary.
Therefore, the accused/petitioners, namely (1) Dipak Mondal (2) Sadhana
Mandal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
thousand only) each, with two sureties of like amount each, one of whom must be local, to
the satisfaction of the learned Chief Judicial Magistrate, Malda subject to condition that
the said petitioners shall appear before the trial court on every date of hearing until further
orders and shall not intimidate witnesses or tamper with evidence in any manner
In the event they fail to appear before the trial court without justifiable cause, the
trial court shall be at liberty to cancel their bail automatically without reference to this
The application for bail, thus, stands allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)