April 9, 2019.
CRM 3018 of 2019
In Re. An application for bail under Section 439 of the
Code of Criminal Procedure.
In the matter of: Mithun Kundu
Mr Abdur Rakib
… for the petitioner.
Mr Bidyut Kumar Roy
Ms Rita Dutta
… for the State.
Mr Mrinal Kanti Mukherjee
… for the de facto complainant.
The petitioner seeks bail in connection with Gopalnagar Police
Station Case No.652 of 2018 dated November 20, 2018 under
Sections 498A/304B of the Indian Penal Code.
The petitioner is in custody for more than 138 days and seeks
The State opposes the prayer on the ground that there are
credible statements to the effect that the petitioner beat his wife
shortly prior to the wife committing suicide. The marriage did not
last even three years .
The de facto complainant also opposes the prayer.
It is the State’s case that the victim committed suicide. Even
though there is an adverse inference that can be drawn against the
petitioner in this case, there may not be any need for the further
custodial interrogation of the petitioner as it is unlikely that the
petitioner can tamper with any evidence.
Accordingly, the petitioner is entitled to bail.
The petitioner shall be released on bail upon furnishing a
bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties
of like amount, to the satisfaction of the Additional Chief Judicial
Magistrate, Bongaon on the conditions that he shall not intimidate
the witnesses or tamper with the evidence in any manner
whatsoever and he shall appear before the trial court on every date
In the event of violation of any of the conditions, the trial court
will be at liberty to cancel the bail without reference to this court.
The prayer for bail is allowed, subject to the conditions stated
Certified website copies of this order, if applied for, be supplied
to the parties upon compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Suvra Ghosh, J. )