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21.01.2019
.
52.
as
(Allowed)
C.R.M. 876 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 15.01.2019 in connection with
Banshihari P.S. Case No.172 of 2018 dated 23.09.2018 under
Sections 498A/305/34 of the Indian Penal Code read with Section
9 of the Prohibition of Child Marriage Act, 2006.
In the matter of : Partha Mondal.
… Petitioner.
Mr. Kaushik Choudhury,
Ms. Bitasha Majumder.
…for the Petitioner.
Mr. Bidyut Kr. Roy,
Ms. Rita Dutta.
…for the State.
Heard the learned Counsels appearing on behalf of the parties.
It is submitted on behalf of the petitioner that he is in custody
for about 121 days and it is submitted that there is no material to
show that he was abetted the suicide of the victim girl.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the victim girl was a minor and committed
suicide due to torture by the petitioner and the other accused
persons.
We have considered the materials on record and bearing in
mind the nature of allegations and in the light of the aforesaid
submission made on behalf of the petitioner and in view of the period
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of detention suffered by the petitioner and the fact that investigation
is complete, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner, namely, Partha Mondal 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 Chief Judicial Magistrate, Dakshin
Dinajpur at Balurghat subject to condition that the petitioner shall
appear before the trial court on every date of hearing until further
orders and shall not intimidate witnesses or tamper with evidence in
any manner whatsoever.
In the event the petitioner fails to appear before the Trial Court
without any justifiable cause, the trial Court shall be at liberty to
cancel his bail in accordance with law without further reference to
this Court.
The application, being C.R.M.876 of 2019, is disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)
