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Judgments of Supreme Court of India and High Courts

Kabita Mondal & Ors vs Unknown on 11 May, 2018

1

149 11.05.2018
rkd Ct. No.28 C.R.M. 2420 of 2018
(Allowed)

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 08/05/2018 in connection with
Jalangi P.S. Case No. 280 of 2017 dated 04/04/2017 under
Sections 498A/304B/34 of the Indian Penal Code and under
Sections 3/4 of D.P. Act.

And
In the matter of: Kabita Mondal Ors.

….petitioners.

Ms. M. Gomes
…for the petitioners.

Mr. P.P. Das,
Ms. A. Gaur
…for the State.

Petitioners are in custody for 77 days and It is submitted

that co-accused persons are on bail.

Learned counsel appearing on behalf of the State opposes

the prayer for bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations and the extent of

complicity of the petitioners in the alleged crime and the fact that

co-accused persons who are similarly circumstanced with the

petitioners have been enlarged on bail, we are of the opinion that

further detention of the petitioners are not necessary and

petitioners may be granted bail.

Let the petitioners be released on bail upon furnishing a

Bond of Rs. 10,000/- with two sureties of like amount, one of

whom must be local, to the satisfaction of the Learned Additional

Chief Judicial Magistrate, Berhampore subject to the condition

that during bail he shall appear before the learned trial court

regularly till disposal of the trial and they shall not intimidate

witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to comply with the

conditions as enshrined hereinbefore, it is open to the trial court

to cancel the bail without any further reference to this Court.
2

The application for bail is, thus, disposed of.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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