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60 19.07.2018
AB Court 28
C.R.M. 4503 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Thanarpara P.S. Case
No. 57 of 2018 dated 21.4.2018 under Sections 498A/302/34 of
the Indian Penal Code

And

In the matter of : Anowar Mondal Anr.

…Petitioners.

Mr. Nitish Bapari …for the Petitioners.

Mr. S. G. Mukherjee, Ld. PP,
Ms. Amita Gaur …for the State.

It is submitted on behalf of the petitioners that they are

in custody for 74 days and it is further submitted that they have

been falsely implicated in the instant case.

Learned counsel appearing for the State opposes the

prayer for bail.

We have considered the materials on record and we find

that on the date of the incident, there was a dispute between the

victim housewife and her husband, petitioner no.1 herein.

Subsequently she was found in burnt condition and died.

In view of the aforesaid fact and bearing in mind the

prima facie involvement of the petitioner no.1 – husband in the

alleged offence, we are not inclined to grant bail to the petitioner
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no.1.

The prayer for bail of petitioner no.1 is, accordingly,

rejected.

However, keeping in mind the extent of complicity of

petitioner no.2, namely, Sukchand Mondal @ Suklal Mondal,

who is the brother-in-law of the victim housewife in the alleged

offence and the fact that investigation is complete and bearing in

mind the period of detention suffered by him, we are of the

opinion that his further detention is not necessary.

Accordingly, we direct that the petitioner no.2, namely,

Sukchand Mondal @ Suklal Mondal shall be released on bail

upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand

only) with two sureties of like amount each, one of whom shall

be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Tehatta on condition that he shall appear

before the trial court on every date of hearing and shall not

intimidate witnesses nor tamper with evidence in any manner

whatsoever.

In the event the petitioner no.2, namely, Sukchand

Mondal @ Suklal Mondal fails to appear before the trial court,

the trial court shall be at liberty to cancel his bail without

further reference to this Court.

The application for bail is partly allowed.
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Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

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