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Penal Code Adding Section 302/201 … vs Allowed In Re : Modan Mondal on 14 November, 2019

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14.11.2019
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
And
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

alleged crime.

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
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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

whatsoever.

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.)

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