tkm/ct 28 C.R.M. 10068 of 2019
sl no. 326
In Re : An application for bail under Sectionsection 439 of the Code of Criminal
Procedure filed on 17.10.2019 in connection with Falakata P.S Case No.
486 of 2018 dated 23.11.2018 under Sectionsections 498A/Section306 of the Indian
Penal Code adding Sectionsection 302/Section201 of the IPC
Allowed In Re : Modan Mondal …… petitioner
Mr. A. Saha
…… for the petitioner
Mr. Swapan Banerjee
Ms. Sonali Das
…… for the State
Heard the learned advocates appearing for the petitioner
and the State.
Petitioner is in custody for 166 days and it is submitted
that there is no direct evidence connecting the petitioner with the
Learned lawyer for the State opposes the prayer for bail.
Having considered the materials in the case diary and
bearing in mind the extent of complicity of the petitioner in the
alleged crime in the light of the submission that there is no
legally admissible evidence connecting the petitioner with the
alleged crime and in view of the period of detention suffered by
the petitioner and as investigation is complete, we are inclined to
grant bail to the petitioner.
Accordingly, 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 ACJM, Alipurduar 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 he fails to appear before the trial court without
justifiable cause, the trial court shall be at liberty to cancel his
bail automatically without reference to this court.
The application being CRM 10068 of 2019 is disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)