Gopal Mal And Others v. State Of West Bengal

16.12.2021 Sl. No.21 akd [ALLOWED] C. R. M. 4742 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13.07.2021 in connection with Margram Police Station Case No. 119 of 2021 dated 04.07.2021 under Sections 498A/304B/306/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.919 of 2021) And In Re: Gopal Mal & Ors.

... ... Petitioners Mr. Prosenjit Mukherjee Ms. Poulami Dutta ... ... for the petitioners Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor Ms. Faria Hossain Ms. Sonali Das ... ... for the State It is submitted on behalf of the petitioners that they are the inlaws of the victim-housewife and they have been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the victim-housewife was tortured over demands of dowry and she committed suicide within four years of marriage.

Having considered the materials on record and keeping in mind the facts and circumstances of the case and as the allegations levelled against the petitioners are general and omnibus in nature, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Gopal Mal, (2) Naba Mal @

Nabakumar Mal & (3) Ramprasad Mal, 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 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 four weeks from date.

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