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Judgments of Supreme Court of India and High Courts

Nomita Dhal vs Unknown on 31 January, 2019

1

57 31.01.2019

AB Court 28 C.R.M. 1352 of 2019
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Pursurah P. S. Case
No.147 of 2018 Dated 28.11.2018 under Sections 498A/306
406 of the Indian Penal Code

And

In the matter of : Nomita Dhal

…Petitioner.

Mr. Shah Jamal Hazra,
Sk. Mossaraf Hossain …for the Petitioner.

Mr. Bidyut Kr. Roy,
Ms. Rita Dutta …for the State.

It is submitted on behalf of the petitioner that she is in

custody for 30 days and that co-accused persons have been

enlarged on anticipatory bail.

Learned lawyer appearing for the State opposes the

prayer for bail and submits that the victim housewife committed

suicide within seven years of her marriage.

Having considered the materials on record and bearing

in mind the extent of complicity of the petitioner in the alleged

crime and in view of the fact that co-accused persons have been

enlarged on anticipatory bail, we are inclined to grant bail to the

petitioner also.

Accordingly, we direct that the petitioner shall be

released on bail upon furnishing a bond of Rs.10,000/-(Rupees
2

Ten Thousand only) with two sureties of like amount each, one

of whom shall be local, to the satisfaction of the learned

Additional Chief Judicial Magistrate, Arambagh on condition

that she shall appear before the trial court on every date of

hearing and shall not intimidate witnesses nor tamper with

evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial

court, the trial court shall be at liberty to cancel her bail without

further reference to this Court.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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