C.R.M. 5488 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 25.06.2019 in connection with
Saktipur P. S. Case No.120 of 2018 dated 17.12.2018 under
Sections 498A/Section304B of the Indian Penal Code.
In the matter of : Goutam Mondal Anr.
Mr. Shibasis Chattrjee.
…for the Petitioners.
Mr. Swapan Banerjee,
Ms. Purnima Ghosh.
…..for the State.
Heard the learned Advocates appearing on behalf of the
It is submitted on behalf of the petitioners that they are in
custody for about 191 days. It is also submitted that the
investigation is complete.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the prayer for bail of the petitioners were
rejected earlier by this Court.
We have considered the materials on record and bearing in
mind the nature of allegations and in view of the period of
detention suffered by the petitioners and as there is substantial
change in circumstances since the earlier rejection of bail by his
Court at the stage of investigation and investigation is complete,
we are inclined in granting bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners
viz., Goutam Mondal and Polu Mondal shall be released on bail upon
furnishing a bond of Rs.10,000/- each with two sureties of like
amount each, one of whom must be local, to the satisfaction of the
learned Chief Judicial Magistrate, Berhampur, Murshidabad subject
to condition that the petitioners 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 petitioners fail 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
The application, being C.R.M.5488 of 2019, is disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)