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Judgments of Supreme Court of India and High Courts

Moni @ Monilal Debnath vs Unknown on 28 February, 2019

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9

C.R.M. 2283 of 2019

In re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on February 21, 2019 in connection with Nabadwip Police Station Case No.
404 of 2018 dated 16.9.2018 under Sections 498A/304B/34 of the Indian Penal
Code.

And

In the matter of: Moni @ Monilal Debnath …Petitioner.

Mr. Sandip Ghosh
Mr. Partha Sarkar … For the Petitioner

Mr. Partha Pratim Das
Ms. Amita Gaur … For the State

Mr. Prasenjit Debnath … For the Defacto complainant

This is a case under Sections 498A/304B/34 of the Indian Penal Code.

The learned advocate for the petitioner submits that the petitioner is in custody for 155
days and he is father-in-law of the victim. Husband of the victim is in the custody in connection
with the instant case and mother-in-law and sister-in-law have been granted anticipatory bail in
CRM 9010 of 2018.

The learned advocate for the State opposes the prayer for bail and submits that in this
case marriage was solemnized just five months prior to the incident and there is specific
statement indicating that on the date of the fateful incident the victim complained of torture.
Further the date of framing of charge is fixed on 01.3.2019.

We have perused the materials on record including the case diary and we are unable to
distinguish the situational parity between father-in-law, mother-in-law and sister-in-law and in
view of the same, we are inclined to grant bail to the petitioner. However, the present petitioner
shall be released on bail only after the charge is framed on 01.3.2019 or any subsequent date.

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Accordingly, we direct that the petitioner 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 Judicial Magistrate, 1st Class, Nabadwip, Nadia and on condition that
during bail he 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.

Accordingly, the application for bail is allowed.

C.R.M. 2283 of 2019 is thus disposed of.

Urgent photostat copy of this order, if applied for, be given to the parties upon compliance
of all formalities.

(Md. Mumtaz Khan, J.)

(Tirthankar Ghosh, J.)

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