C.R.M. 4655 of 2019
(TKM/AD) In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 30.05.2019 in connection with Malda
Police Station Case No.240 of 2016 dated 5.5.2016 under
Sections 498A/Section304B/Section34 of the Indian Penal Code.
In the matter of: Nuni Mandal @ Nani Mandal
Mr. Kishan Ray
Mr. Musharraf Alam
…for the petitioner.
Mr. Saswata Gopal Mukherjee, Ld. PP
Mr. Aniket Mitra
…for the State.
Heard the learned Advocates appearing for the parties.
The petitioner is the mother-in-law of the victim and is in
custody for 89 days and the investigation is complete.
The State produces the case diary and opposes the prayer for
The State submits that the mother-in-law and sister-in-law of
the victim fled from the spot after the incident and neighbours took
the victim to hospital.
Considering the material available in the case diary and in
view of the extent of the involvement of the petitioner/mother-in-law
in the alleged incident and the fact that investigation is complete,
we do not find any necessity for further detention of the petitioner.
Accordingly, the prayer for bail is considered and allowed.
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 Chief Judicial
Magistrate, Malda on condition that the petitioner shall appear
before the trial court on every date of hearing and shall not
intimidate witnesses or tamper with evidence in any manner
In the event she fails to appear before the trial court without
justifiable cause, the trial court shall be at liberty to cancel her bail
automatically without reference to this Court.
The application being CRM 4655 of 2019 is disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)