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Calcutta High CourtCRM (A)/1962/2025allowed

Soma Mondal @ Soma Mandal v. State Of West Bengal

2025-07-09Hon'Ble Justice Jay Sengupta2 pages

09.07.2025 SL.35 Ct.No.28 NB CRM (A) 1962 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patiram P.S. Case No.79 of 2025 dated 04.04.2025 corresponding toGRNo.706/2025underSections126(2)/117(2)/109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Chief Judicial Magistrate, Dakshin Dinajpur, Balurghat. And In the matter of : Soma Mondal @ Soma Mandal ...petitioner Mr. Sujoy Sarkar, Mr. Sourav Mukherjee, Ms. Sneha Srivastava, Ms. Debolina Goswami.

...for the petitioner.

Ms. Zareen Nasima Khan, Ms. Rajashree Tah.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. There was a land dispute between the husband of the petitioner and the victim who was the stepmother of the petitioner's husband. The petitioner is not the prime accused. The prime accused was arrested and is now on bail. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She points to the injury report, which shows grievous injury and the statements of the victim and the neighbours.

Considering the materials available in the case diary, the alleged role ascribed to the present petitioner and the fact that charge

sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that she shall cooperate with the investigation and shall not threaten or intimidate witnesses as also shall not tamper with evidence and she shall surrender before the learned Trial Court within four weeks and pray for bail. The application for anticipatory bail being CRM (A) 1962 of 2025 is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)