Santosh Mandal And ANR v. State Of West Bengal

Item No.57 11-08-2021 (ct. no.32) (AD) Allowed (Via Video Conference) CRM 2617 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhutni Police Station Case No. 32 of 2020 dated 02.03.2020 under Sections 498(A)/306/34 of the Indian Penal Code.

- A n d - In the matter of : Santosh Mandal & Anr.

.... Petitioners.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... For the Petitioners.

Mr. Anwar Hossain Mr. Narayan Prasad Agarwala Ms. Benazir Hasina ... For the State.

The petitioners are the parents-in-law of the victim who is said to have committed suicide by consuming poison. The petitioners submit that the husband is on bail. The allegations against all the accused persons are omnibus in nature.

The State produces the case diary and the statements of witnesses recorded under Section 161 of the Code.

We have considered the material in the case diary. The allegations are general and omnibus in nature. Charge sheet has been submitted upon completion of investigation. The husband of the victim lady has been granted bail. Regard being had to the nature of the allegations as well as the extent of complicity of the petitioners in the alleged

offence and also as charge sheet has already been submitted, we are of the view that immediate custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders. In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the Learned Court below will be at liberty to cancel the anticipatory bail without reference of this Court. The application for anticipatory bail being CRM 2617 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )