C.R.M. 72 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 02.01.2019 in connection with
Thanapara P.S. Case No.121 of 2017 dated 08.08.2017 under
Sections 498A/302/120B/34 of the Indian Penal Code.
In the matter of : Kajem Mondal.
Mr. Mritunjoy Chatterjee,
Md. Golam Nure Imrohi.
….for the Petitioner.
Mr. Arun Kumar Maity, Ld. A.P.P.,
Mr. Pradipta Ganguly.
…for the State.
Heard the learned Counsels appearing on behalf of the parties.
It is submitted on behalf of the petitioner that he is in custody
for about 498 days and it is also submitted that the co-accused
persons have been granted bail/anticipatory bail.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the trial is in progress and the assailants
were named by the son of the victim housewife.
We have considered the materials on record. It is true that the
petitioner is named in the statement of the son of the victim.
However, we note that other co-accuseds including Jibrail Sekh @
Jibrayal Sk. who have been granted bail/anticipatory bail also stand
on the same footing with the petitioner.
In the light of the aforesaid facts and in view of the protracted
period of detention suffered by the petitioner, we are inclined to
grant bail to the petitioner.
Accordingly, the petitioner, namely, Kajem Mondal shall be
released on bail upon furnishing a bond of Rs.10,000/- with two
sureties of like amount each, one of whom must be local, to the
satisfaction of the learned Additional Chief Judicial Magistrate,
Tehatta, Nadia subject to condition that the petitioner 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
In the event the petitioner fails 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.72 of 2019, is disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)