Suman Mondal And ORS v. The State Of West Bengal

21.02.2025 Sl. No.48 akd [PARTLY ALLOWED] C. R. M. (A) 608 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 10.02.2025 in connection with Gangnapur Police Station Case No. 36 of 2025 dated 02.02.2025 under Sections 85/115(2)/117(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.338 of 2025) And In Re: Suman Mondal & Ors.

... ... Petitioners Mr. Sumanta Das Mr. Avilash Tripathi Ms. Suman Biswas ... ... for the petitioners Mr. Sujan Chatterjee ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Petitioner no.1husband assaulted his wife resulting in injuries. Injury report corroborates the wife's ocular statement. Hence, we are not inclined to grant anticipatory bail to petitioner no.1.

3.

Accordingly, the prayer for anticipatory bail of petitioner no.1 namely, (1) Suman Mondal is rejected.

4.

However, keeping in mind the extent of complicity of petitioner nos.2, 3 and 4 i.e. in-laws in the alleged crime and as their names do not appear in the injury report as the authors of injury, we are of the opinion their custodial interrogation is not necessary and they may be granted anticipatory bail.

5.

Accordingly, we direct in the event of arrest, the petitioner nos.2, 3 and 4 namely (2) Joydeb Mondal, (3) Anita Mondal & (4) Priyanka Mondal, be released on bail upon furnishing bond of Rs.10,000/-

(Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner nos.2, 3 and 4 shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)