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Calcutta High CourtCRM (DB)/1485/2023allowed

Mamtaj Mondal v. State Of West Bengal And ANR

2023-04-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

17.04.2023 tkm/ct 28 C.R.M. (DB) 1485 of 2023 sl no. 45 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dhantala PS case no. 121 of 2023 dated 18.2.2023 under sections 363/366/306/34 of the IPC and section 6 of the POCSO Act and sections 9/10/11 of the Child Marriage Act And Allowed In Re : Mamtaj Mondal ...... petitioner Mr. S Majumder ...... for the petitioner Mr. Shiladitya Banerjee ...... for the State Petitioner is the mother of the co-accused who developed love affair with the deceased girl. She prays for bail. Learned lawyer for the State opposes the bail. We have considered the materials on record. Victim girl did not leave behind any suicide note. Keeping in mind the extent of complicity of the petitioner in the alleged crime, 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 amount each, one of whom must be local to the satisfaction of the learned Additional Sessions Judge cum Judge Special Court under POCSO Act, Ranaghat, Nadia 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 she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application being CRM (DB) 1485 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)