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Judgments of Supreme Court of India and High Courts

Nuni Mandal @ Nani Mandal vs Unknown on 4 June, 2019

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S/L No.48
C.R.M. 4655 of 2019
04.06.2019

Ct-36
(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.

(Allowed) And

In the matter of: Nuni Mandal @ Nani Mandal
….petitioner.

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

bail.

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
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whatsoever.

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.)
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