Calcutta High Court (Appellete Side)
498A/302/304B/120B Of The Indian Penal ... vs In Re : Manik Mondal & Anr on 18 January, 2019
1 18.01.2019 54 sdas partly allowed C.R.M. 817 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.01.2019 in connection with Bhatar Police Station Case No. 84 of 2018 dated 31.03.2018 under Sections 498A/302/304B/120B of the Indian Penal Code.
And In Re : Manik Mondal & Anr. ...... petitioners Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Ms. Snigdha Saha .....for the petitioners Mr. Anowar Hossain, Ms. Ratna Ghosh ....for the State Learned Counsel appearing for the petitioners submits that the petitioners are in custody for 292 days and it is also submitted that they have been falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for bail and submits that petitioner no. 1 married for the second time and housewife died due to burn injuries at her matrimonial home.
Having considered the materials on record disclosing involvement of the petitioner no. 1 in the alleged crime, we are not inclined to grant bail to him.
Accordingly, prayer for bail so far as the petitioner no. 1 concerned is rejected at this stage.
2
However, in view of extent of complicity of the petitioner no. 2, mother-in-law of the victim, in the alleged crime and in view of the period of detention already suffered by her, we are inclined to grant bail to the petitioner no. 2.
Accordingly, we direct that the petitioner no. 2 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 Chief Judicial Magistrate Burdwan, and she shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and she shall appear before the trial court on every date of hearing until further orders and in the event she fails to do so, the trial court shall be at liberty to cancel her bail without further reference to this Court The application for bail is, accordingly, allowed so far as the petitioner no. 2 is concerned.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)