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Calcutta High CourtCRM/4313/2021allowed

Bablu Mandal And Another v. State Of West Bengal

2021-12-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

22.12.2021 Serial no. 04 Dd (Through Video Conference) CRM 4313 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 118 of 2021 dated 02.02.2021 under Sections 498A/306/34 of the Indian Penal Code (G.R. No. 581 of 2021) -AndIn the matter of : Bablu Mandal & Ors. ... Petitioners Mr. Musharraf Alam Sk., Advocate ... ... For the Petitioners Mr. Iqbal Kabir, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the husband was granted bail by the jurisdictional Court. The petitioner nos. 1 and 2 are students and petitioner no. 3 is the mother-in-law of the deceased. Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary, particularly the statements of the neighbour. In answer to a query from Court, learned advocate for the State submits that the police submitted charge sheet. Considering the fact that the police submitted charge sheet and considering the gravity of the offences and the complicity of the petitioners therein and considering the fact that the husband of the deceased was granted bail by the jurisdictional Court, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioners shall appear before the jurisdictional Court on every dates fixed for hearing failing which the bail granted shall automatically stand cancelled without reference to this Court.

Prayer for anticipatory bail is allowed.

CRM 4313 of 2021 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)