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Judgments of Supreme Court of India and High Courts

Mannan Sk @ Abdul Mannan vs Unknown on 26 July, 2019

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163 26.07.2019

rkd Ct. No.28
(Allowed)
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.

And

In the matter of: Mannan Sk @ Abdul Mannan
….petitioner.

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
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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.)

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