Anchar Mandal And ANR v. State Of West Bengal

C.R.M. 1005 of 2021 (Via Video Conference) 19-05-2021 sg In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 286 of 2020 dated 04.10.2020 under sections 498A/304B/34 of the Indian Penal Code. Court 28 Anchar Mandal & Anr.

Versus

State of West Bengal Mr. Asraf Mandal, Adv.

Allowed ...for the petitioners.

Mr. Rana Suman Saha, Adv.

...for the State.

The petitioners are the father-in-law and sister-in-law (ja) of the victim. It is not in dispute that the husband, mother-in-law and the brother-in-law have been granted bail by the learned Trial Court. It is also not in dispute that the petitioners are standing on the same footing as that of the other co-accused persons who have been granted bail. The principal allegation is against the husband who was also granted bail.

On such consideration, we are of the opinion that custodial interrogation of the present petitioners is not required and accordingly, they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, 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. The petitioners shall cooperate with the investigation. In view of the fact that the charge-sheet has already been filed, the learned Trial Court is directed to take necessary steps for commitment of the case after complying with all the legal formalities.

The memo of evidence filed before this Court is taken on record. The application for anticipatory bail is allowed. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Soumen Sen, J.)