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Judgments of Supreme Court of India and High Courts

CRM/356/2019 on 1 February, 2019



CRM No.356 of 2019

In re : Gita Mondal Anr.

….. Petitioners.

Mr. Satadru Lahiri
….. For the Petitioners.

Mr. Saryati Datta
….. For the State.

The petitioners seek anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with
Swarupnagar Police Station Case No.822 of 2013 dated 06-
11-2013 under Sections 498A/306 of the Indian Penal Code.

The petitioners are the close relatives of the husband of
the victim who appears to have died after fifteen years of her

The State produces the case diary and refers to a
statement of the daughter of the victim recorded under
Section 164 of the Code. The said daughter has exonerated
the present petitioners. The charge-sheet has also been

Considering the material available in the case diary as
well as the nature of the incident, there may not be any
necessity to take the petitioners into custody at this stage.


Accordingly, in the event of arrest, the petitioners will be
granted bail upon furnishing bonds of Rs.10,000/- (Rupees
Ten Thousand only) each, with two sureties of Rs.5,000/-
(Rupees Five Thousand only) each to the satisfaction of the
Arresting Officer, subject to the conditions as laid down in
Section 438(2) of the Code of Criminal Procedure, 1973.

In addition, the petitioners will attend every date fixed
for the trial and any unjustified absence will entitle the trial
Court to cancel the bail of the petitioners.

The petition for anticipatory bail is allowed subject to the
conditions as indicated above.

Certified copies of this order be immediately made
available to the petitioners subject to compliance with all
requisite formalities.

( Suvra Ghosh, J. ) ( Sanjib Banerjee, J. )

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