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Judgments of Supreme Court of India and High Courts

9.03.2018 Under Sections … vs In Re: Amrit Mandal @ Amrita Mandal … on 12 October, 2018

1

12.10.18

Sl. No.25
akd
[ALLOWED]
C. R. M. 9181 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
09.10.2018 in connection with Jiaganj Police Station Case No. 57 of 2018 dated
19.03.2018 under Sections 498A/307/34 of the Indian Penal Code.

And

In Re: Amrit Mandal @ Amrita Mandal @ Amit Mandal @ Amrit
… … Petitioner

Mr. Dilip Kumar Samanta .. Advocate
Mr. Debapriya Samanta .. Advocate
… … for the petitioner

Mr. Bidyut Kumar Roy .. Advocate
Ms. Rita Datta .. Advocate
… … for the State

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/307/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is in custody for about 156 days

and that the victim-housewife committed suicide after fourteen years of marriage.

Learned Counsel for the State produces the case diary and opposes the prayer

for bail.

Having considered the materials on record and bearing in mind the nature of

allegations and the fact that the statutory presumptions under Sections 113A 113B of

the Evidence Act are not attracted to the facts of the present case, we are of the opinion

that further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Amrit Mandal @ Amrita Mandal @

Amit Mandal @ Amrit, be released on bail upon furnishing a bond of Rs.10,000/-
2

(Rupees Ten thousand only), with two sureties of like amount each, one of whom must be

local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh,

Murshidabad subject to condition that the said petitioner 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 whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel his bail automatically without reference to this court.

The application for bail, thus, stands allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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