rkd Ct. No.28
C.R.M. 6525 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 23/07/2019 in connection with
Bhagwangola P.S. Case No. 254 of 2019 dated 15/06/2019
under Section 498A/Section120B/Section302/Section34 of the Indian Penal Code.
In the matter of: Mannan Sk @ Abdul Mannan
Ms. R. Das
…for the petitioner.
Mr. Saswata Gopal Mukherjee, P.P.,
Ms. A. Gaur
…for the State.
Petitioner is in custody for 41 days and he has been
falsely implicated in the instant case.
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 general and omnibus nature of allegations
and as the victim housewife committed suicide fourteen years
after marriage and as the statutory presumption under Section
113A of the Evidence Act is not attracted in the facts of case, we
are inclined to grant bail to the petitioner.
Let the petitioner 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, Lalbagh, Murshidabad
subject to the condition that during bail he shall appear before
the learned trial court regularly till disposal of the trial and he
shall not intimidate witnesses or tamper with evidence in any
manner whatsoever or commit similar offences in future.
In the event the petitioner fails 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.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)