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Calcutta High CourtCRM (A)/2695/2022allowed

Sourav Mondal And ORS v. State Of West Bengal

2022-06-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

14.06.2022 cm/ct 28 C.R.M. (A) No. 2695 of 2022 sl no. 125 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Gangajalghati P.S Case No. 51 of 2022 dated 24.05.2022 under Sections 498A/307/406/120B of the Indian Penal Code.

And Allowed In Re : Sourav Mondal & Ors.

..... petitioners Mr. Dipayan Kundu Mr. Chandan Dutta ... for the Petitioners.

Mr. Gautam Wilson ...... for the State Learned counsel appearing for the petitioners submit instant case arose out of domestic discord between petitioner No.1 and the de-facto complaint wife.

Learned counsel appearing for the State submits de-facto complaint wife was driven out to the matrimonial house within six months of marriage.

We have considered the materials. Allegation of torture are general and omnibus and allegation of attempt to commit murder the housewife is not supported by medical evidence. In view of the aforesaid facts, we are of the opinion though custodial interrogation is not necessary but petitioners require to cooperate with investigation including recovery of sreedhan articles, if any, in accordance with.

Accordingly, we direct that 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, 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 condition petitioner No.1 shall meet the investigating officer once in a week until further orders. Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2695 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)