Subhash Mandal And ORS. v. State Of West Bengal

C.R.M. 5222 of 2021 (Via Video Conference) (AD) 02.12.2021 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05.08.2021 in connection with Baishnabnagar P.S. Case No. 302 of 2021 dated 27/06/2021 under Sections 498A/323/313/34 of the Indian Penal Code read with Sections 3/4 of D.P. Act (G.R. No.3343/2021).

And In the matter of: Subhash Mandal & Ors.

....petitioners.

Mr. Sujay Sarkar Mr. Musharraf Alam Sk.

...for the petitioners.

Mr. Abhra Mukherjee Ms. Manisha Sharma ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. It is submitted that the husband was arrested and was subsequently enlarged on bail. He draws the attention of the Court to the fact that the marriage took place on June 10, 2021 and that the First Information Report was lodged on June 27, 2021. Learned Advocate appearing for the State draws the attention of the Court to the injury report.

Considering the materials in the case diary, the injury report and the complicity of the petitioners in the incident and considering the fact that the husband was enlarged on bail, we 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/- 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 petitioner no.1, namely, Subhash Mandal and petitioner no.3, namely, Labanya Mandal shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner no.2, namely, Champla Mandal @ Champa Mandal will cooperate with the investigation and that petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. 5222 of 2021 is, thus, disposed of.

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