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Fatik Mondal @ Mandal vs Unknown on 15 February, 2019



Sl. No.45
CRM 1791 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 28.01.2019 in connection with Manikchak Police Station Case
No.439 of 2015 dated 26.12.2015 under Sections 498A/302/304(B)/34 of the
Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Fatik Mondal @ Mandal
… Petitioner
Mr. Arnab Saha … for the petitioner

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

It is submitted by the learned advocate appearing for the petitioner that

this petitioner is the husband of the victim lady and he is innocent and has been

falsely implicated in this case. He further submitted that this petitioner is in

custody for one year seven months and the investigation has been concluded and

the charge sheet has been submitted and there is no need of further detention.

The learned advocate appearing for the State opposes the prayer for bail

and submits that prayer for bail of this petitioner was rejected by this Court on

October 30, 2018 in CRM No.9587 of 2018 and there is no change in the


We have considered the submissions of the learned advocates appearing

for the respective parties and have perused the case diary including the

statement of the witnesses recorded under Section 161 and 164 of the Code of

Criminal Procedure.


Having considered the nature and gravity of the offence and the materials

in the case diary showing prima facie involvement of the petitioner in commission

of the offence, we are not inclined to grant bail to this petitioner at this stage.

Accordingly, the application for bail is rejected.

The learned trial court is directed to take earnest endeavour for

commitment of the case to the Court of Sessions at the earliest.

The application for bail being CRM 1791 of 2019 is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the

parties after compliance of necessary formalities.

( Md. Mumtaz Khan, J. )

( Tirthankar Ghosh, J. )

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