Mrinal Mondal v. State Of West Bengal

CRM No.217 of 2021 19.01.21 (S.R.) Sl.206 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Domkal Police Station Case No.726 of 2020 dated 16.12.2020 under Sections 498A/323/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act;

And In re: Mrinal Mondal ... petitioner.

Mr. Tapash Kr. Bhattacharjee Mr. Aviroop Bhattacharya ... for the petitioner.

Mr. Pratick Bose ...for the State.

The learned advocate appearing for the petitioner submits that the complaint was lodged about nine years after marriage. The petitioner has two children and he has been falsely implicated. In view thereof, custodial detention of the petitioner is not necessary. The learned advocate appearing for the State opposes the petitioner's prayer for anticipatory bail.

Having heard the learned advocates and considering the materials in the case diary, the injury report, we are of the opinion that custodial detention of the petitioner is not warranted. Accordingly, we direct that in the event of arrest, the petitioner, namely, Mrinal Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and a further condition that the petitioner shall meet the investigating officer once in a week on and from 25th January, 2021, until further orders.

Accordingly, the application for anticipatory bail being CRM No.217 of 2021, is allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)