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An Application For Bail Under … vs In Re:- Alihim Mondal on 23 March, 2017

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Allowed
CRM No.2302 of 2017

In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 20.03.2017 in connection with
Chakdaha Police Station Case No.405 of 2016 dated 06.07.2016
under sections 498A/326/34, adding sections 304B/302 of the
Indian Penal Code

And

In Re:- Alihim Mondal .. Petitioner.

Ms.Sreyashee Biswas. … for the petitioner

Mr.Shamsher Ali… for the State.

Heard the learned advocates appearing on behalf of the

parties. Perused the case diary.

The petitioner is the husband. He is in custody for about 48

days. Investigation is over and charge-sheet has been submitted.

The case of the prosecution is based on the dying declaration

of the victim-housewife recorded by the doctor, who attended her at

the hospital, which is at page 64 of the case diary.

We have gone through the same and find that, according to

the patient, she was assaulted by the husband, father-in-law and

mother-in-law.

Now, having regard to the fact that father-in-law and mother-

in-law are on bail and when the investigation is over and charge-

sheet has been submitted and when no case is made out from the
2

side of the State that if the petitioner is released on bail, he is likely

to abscond, the prayer for bail of the petitioner stands allowed on

parity. The learned advocate for the State has also not disputed that

the allegation against all the three charge sheeted accuseds are

same.

Let the petitioner be released on bail to the satisfaction of the

learned Additional Chief Judicial Magistrate, Nadia at Kalyani upon

furnishing a Bond of Rs.10,000/-, with two sureties of Rs.5,000/-

each, one of whom must be local.

Accordingly, this application for bail is disposed of.

(Ashim Kumar Roy, J.)

(Malay Marut Banerjee, J.)

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