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Kajem Mondal vs Unknown on 8 January, 2019




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.

… Petitioner.

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

manner whatsoever.

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

this Court.

The application, being C.R.M.72 of 2019, is disposed of.

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

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