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Judgments of Supreme Court of India and High Courts

Goutam Mondal & Anr vs Unknown on 5 July, 2019





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.

… Petitioners.

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

this Court.

The application, being C.R.M.5488 of 2019, is disposed of.

(Manojit Mandal,J.) (Joymalya Bagchi, J.)

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