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
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
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. )