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Judgments of Supreme Court of India and High Courts

Momtaj Bibi vs Unknown on 25 June, 2019


S/L No.155

C.R.M. 2136 of 2019
(AD) In Re: – An application for bail under Section 439 of the Code of
(Allowed) Criminal Procedure filed on 19/02/2019 in connection with
Amdanga P.S. Case No. 341 dated 05/07/2017 under Sections
498A/Section328/Section302/Section34 of the Indian Penal Code.


In the matter of: Momtaj Bibi

Md. Younush Mondal
…for the petitioner.

Ms. Amita Gaur

…for the State.

The petitioner has been implicated in a case under Sections

498A/Section328/Section302/Section34 of the Indian Penal Code.

Heard both sides. Perused the materials-on-record

including the case diary.

Taking into account the materials in the case diary

including the dying declaration and the fact that the husband of

the victim is already on bail and the present petitioner is in

custody for more than 400 days and the trial has not yet been

concluded, we are inclined to release the petitioner on bail.

Accordingly, we direct that 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 each, one of

whom must be local, to the satisfaction of the learned Chief

Judicial Magistrate, Barasat and on condition that during bail the

petitioner must not tamper with the evidence nor intimidate the

witnesses in any manner whatsoever and attend court regularly

and face the trial.

In the event of violation of any such conditions, the learned

court shall be at liberty to cancel the bail of the petitioner without

any further reference to this Court.

The application for bail is, accordingly, allowed.

C.R.M. 2136 of 2019 is thus disposed of.

Urgent photostat certified copy of this order, if applied for,

be given to the parties upon compliance of all formalities.

(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)

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