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Calcutta High CourtCRM (A)/1908/2022partly allowed

Kesab Ali Mondal ANR ORS v. State Of West Bengal And ORS.

2022-04-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (A) 1908 of 2022 26.04.2022 Sl. 50 Court No.29 sourav (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 288 of 2022 dated 17.04.2022 under Sections 498A/323/307/34 of the Indian Penal Code. And In the matter of: Kesab Ali Mondal & Ors.

....petitioners.

Mr. Asraf Mandal ...for the petitioners.

Mr. Debabrata Chatterjee Ms. Sonali Das ...for the State.

Petitioners pray for anticipatory bail.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner no. 1 (Kesab Ali Mondal). However, so far as the other petitioners are concerned, we grant anticipatory bail to them. Accordingly, we direct that in the event of arrest, the petitioner nos. 2 (Hanjila Mondal), 3 (Tajera Mondal), 4 (Asib Ali Mondal), 5 (Ingraj Mondal), 6 (Champa Mondal), 7 (Eunuch Ali Mondal), 8 (Kekla Mondal) and 9 (Sakil Mondal) shall be released on bail upon furnishing a 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner nos. 2, 4, 5, 7 and 9 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and the petitioner nos.

and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner nos. 2 to 9 in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1908 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)