rkd Ct. No.28 C.R.M. 2420 of 2018
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.
In the matter of: Kabita Mondal Ors.
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.
The application for bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)