Manshur Alam @ Mansur v. State Of West Bengal

14.09.2020 NB&AGM Ct. No. 8 CRM 6426 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No.281 of 2020 dated 8.3.2020 under Sections 498A, 306, 34 of the Indian Penal Code corresponding to GR Case No.586 of 2020. In the matter of : Manshur Alam @ Mansur & Ors. ..... Petitioners Mr. Sagar Saha ... for the Petitioners Mr. Imran Ali, Ms. Manasi Roy ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned Counsel appearing on behalf of the petitioners submits that the principal accused being the husband of the victim was arrested in connection with the case. He is presently on bail. The allegations against the present petitioners are common place and only relate to alleged instigation. The incident took place about eight years after marriage between the couple.

Learned Counsel appearing on behalf of the State opposes the prayer for bail.

Considering the roles ascribed to the present petitioners, we are of the opinion that this is not a case, which warrants custodial interrogation of the present petitioners.

Accordingly, the application for anticipatory bail is allowed.

In the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand) each to the satisfaction of the arresting officer or the investigating officer of the case and on condition that the petitioner nos.1 and 5 shall meet the investigating officer of the case once a week and corroborate with the investigation.

The aforesaid order shall be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. CRM 6426 of 2020 and CRAN 1 of 2020 are disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Soumen Sen , J.) (Jay Sengupta, J.)