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Judgments of Supreme Court of India and High Courts

(Allowed) vs State Of West Bengal on 14 September, 2018

1

55 14.09.2018

C.R.M. 7626 of 2018
sg Ct. No.34
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure.

Hemanta Mandal
(Allowed) Versus
State of West Bengal
Mr. Sandipan Ganguly, Sr. Adv.
Mr. Kunal Ganguly, Adv.
…for the petitioner.
Mr. Madhusudan Sur, APP
…for the State.

The petitioner seeks bail in connection with Hirapur Police Station Case No.

142 of 2018 dated 18.05.2018 under Sections 498A/304B of the Indian Penal Code and

Sections 3 and 4 of the D.P. Act.

The petitioner is the husband of the victim who met an unnatural death 18

months after her marriage.

The State relies on the case diary and refers to the statements of some of the

neighbours.

Considering the material against the petitioner and the fact that the charge-

sheet has already been filed and the petitioner may not have any adverse antecedents,

there does not appear any need to detain the petitioner. However, the petitioner will not

enter any place within the jurisdiction of Hirapur Police Station till the conclusion of

the trial.

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 Additional Chief Judicial

Magistrate, Asansol, Burdwan, Nadia, on condition that he shall not intimate 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.)

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