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
In the matter of : Utpal Mondal.
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
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.
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. )