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Judgments of Supreme Court of India and High Courts

Sri Rajesh Mondal & Ors vs Unknown on 24 June, 2019

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C.R.M. 3320 of 2019

In re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on March 18, 2019 in connection with Haringhata Police Station Case No.
48 of 2019 dated 03.02.2019 under Sections 498A/Section304B of the Indian Penal
Code read with Section 4 of the Dowry Prohibition Act.

And

In the matter of: Sri Rajesh Mondal Ors.

…Petitioners.

Mr. Dipanjan Chatterjee … For the Petitioners

Mr. Partha Pratim Das … For the State

The petitioners have been implicated under Sections 498A/Section304B of the Indian Penal Code
read with Section 4 of the Dowry Prohibition Act.

We have heard the submissions of both sides.

Perused the materials on record including the case diary.

Having regard to the materials in the case diary and the direct implication of the petitioner
no. 1, we are not inclined to release the petitioner no. 1 on bail. As such, the prayer for bail of the
petitioner no. 1 is rejected.

So far as the petitioner nos. 2 and 3 are concerned (Sri Debu @ Debabrata Mondal and
Shila Mondal), considering their detention in the custody and the materials against them in the
case diary, we are inclined to release the petitioner nos. 2 and 3, Sri Debu @ Debabrata Mondal
and Shila Mondal, on bail.

Accordingly, we direct that the petitioner nos. 2 and 3, Sri Debu @ Debabrata Mondal
and Shila 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
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A.C.J.M, Kalyani and on condition that during bail they must not tamper with the evidence nor
intimidate the witnesses in any manner whatsoever and attend court regularly and face the trial.

In the event of violation of any such conditions, the learned Court shall be at liberty to
cancel the bail of the petitioner nos. 2 and 3, Sri Debu @ Debabrata Mondal and Shila Mondal,
without any further reference to this Court.

Accordingly, the application for bail is allowed in respect of the petitioner nos. 2 and 3, Sri
Debu @ Debabrata Mondal and Shila Mondal.

C.R.M. 3320 of 2019 is thus disposed of.

Urgent photostat copy of this order, if applied for, be given to the parties upon compliance
of all formalities.

(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)

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