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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs In Re:- Jakir Mondal & Ors on 12 September, 2018

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09.2018

.

CRM No. 7498 of 2018
Re:- An application for bail under section 439 of the Code of Criminal
Procedure filed on 10.9.2018 in connection with Bhimpur Police Station Case
No. 125 of 2018 dated 02.07.2018 under Section 498A/326/307/34 of the
Indian Penal Code, 1860.

And
In Re:- Jakir Mondal Ors.

… Petitioners
Mr. Amanul Islam
..for the Petitioners

Ms. Faria Hossain
Ms. Baisali Basu
.. for the State

The petitioners seek bail in connection with Bhimpur Police Station Case

No. 125 of 2018 dated 02.07.2018 under Section 498A/326/307/34 of the Indian

Penal Code, 1860.

The petitioners are the husband, brother-in-law and mother-in-law,

respectively, of the victim.

The State says that the husband attempted to murder the victim by

chopping off various parts of her body. The State relies on the statements of the

children of the victim in such regard. Considering the material against the first

petitioner, his prayer is rejected.

However, considering the extent of the involvement of the second and third

petitioners in the incident, there may not be any need to detain them any further.

Therefore, the prayer for bail of the second and third petitioners is allowed.

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Accordingly, the second and third petitioners are directed to be released on

bail upon furnishing a bond of Rs.10,000/- each with two sureties of like

amount, one of whom must be local, to the satisfaction of the Chief Judicial

Magistrate, Nadia, on condition that the first and second petitioners shall not

intimidate the witnesses or tamper with the evidence in any manner whatsoever

and they shall appear before the trial court on every date of hearing and in the

event they fail to do so, the trial court shall be at liberty to cancel their bail

without further reference to this Court.

The application for bail is partly allowed.

A certified copy of this order be immediately made available to the

petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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