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Dibakar Mondal vs Unknown on 17 December, 2019

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17.12.2019

.

162.
as
(Allowed)
C.R.M. 11891 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 10.12.2019 in connection with
Nakashipara P. S. Case No.639 of 2018 dated 04.11.2018 under
Sections 498A/Section304B/Section34 of the Indian Penal Code.

In the matter of : Dibakar Mondal.

…. Petitioner.

Mr. Bitasok Banerjee,
Mr. Amanul Islam,
Mr. Sourav Mukherjee.

…for the Petitioner.

Ms. Zareen N. Khan,
Ms. M. Mitra.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioner that he is in custody

for 385 days and charge has been framed.

Learned Advocate appearing for the State opposes the prayer

for bail.

Having considered the materials on record and keeping in mind

the nature of allegations as well as the period of detention suffered

by the petitioner and also there is little possibility of concluding the

trial in the near future, we are inclined in granting bail to the

petitioner.

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Accordingly, the petitioner shall be released on bail upon

furnishing a bond of Rs.10,000/- with two sureties of like amount

each, one of whom must be local, to the satisfaction of the learned

Chief Judicial Magistrate, Nadia at Krishnanagar subject to condition

that the 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 the petitioner fails to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel his bail in accordance with law without further reference to

this Court.

The application, being C.R.M.11891 of 2019, is disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)

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