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Judgments of Supreme Court of India and High Courts

Utpal Mondal vs Unknown on 25 February, 2019

1

25.02.2019

Sl. No.33
Ct-42
BM

Allowed
CRM 1994 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 13.02.2019 in connection with Shasan Police Station Case
No.130/2018 dated 22.10.2018 under Sections 498A/302 of the Indian Penal
Code.

And
In the matter of : Utpal Mondal.

… Petitioner
Mr. Md. Younush Mondal … for the petitioner

Mr. Sumanta Chakraborty
Mr. Sukanta Chakraborty … for the defacto complainant

Mr. S. G. Mukherjee, Learned PP
Ms. Amita Gaur … for the State

This is the case under Sections 498A/302 of the Indian Penal Code and

finally charge sheet was submitted under Section 498A/406 of the Indian Penal

Code.

The learned advocate for the petitioner submits that in connection with the

instant case the husband was arrested after registration of the FIR and since

then he is in custody for 125 days. The charge sheet has already been submitted

in connection with this instant case and therefore, further detention of the

petitioner is unwarranted.

Learned Public Prosecutor opposes the prayer for bail and submits that

marriage was solemnized in the year 2016 and within three years of marriage the

victim has committed suicide.

2

We have considered the materials on record as also case diary. Considering

the detention of the petitioner for a period of 125 days and that the charge sheet

has already been submitted, we are inclined to grant bail to the petitioner.

Accordingly, we direct the petitioner namely Utpal Mondal 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, Barasat on condition that he shall not intimidate the witnesses

and/or tamper with evidence in any manner whatsoever and shall appear before

the trial court on every date of hearing and in the event, he fails to do so his bail

shall stands cancelled without further reference to this Court.

The application for bail is accordingly allowed.

CRM 1994 of 2019 is thus disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the

parties after compliance of necessary formalities.

( Md. Mumtaz Khan, J. )

( Tirthankar Ghosh, J. )

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