Shiuli Mondal v. State Of West Bengal

11.07.2025 SL.27 Ct.No.28 NB CRM (A) 2174 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 Rahara P.S. Case No.50 of 2023 dated 08.02.2023 under Sections 306 and 34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Barrackpore. And In the matter of : Shiuli Mandal ...petitioner Mr. Sandipan Ganguly ld.Sr.Adv., Mr. Somporiyo Chowdhury, Ms. Ashika Daga, Mr. Matri Prasad Das, Mr. Aayush Lakhotia, Ms. Sanchali Bhowmick, Ms. Urrui Chawla.

...for the petitioner.

Ms. Sukanya Bhattacharyya, Mr. Tirupati Mukherjee.

...for the State.

Learned senior counsel representing the petitioner submits as follows. The first information lodged about 15 days after the incident ended in a final report. Further investigation was done and a fresh charge sheet was submitted. Incidentally, during the first stage of the proceeding, the main accused was granted anticipatory bail. It has been alleged that the superiors of the victim called him to Mumbai and pressurized him to give a resignation. He came back and after two days, committed suicide. The allegations against the petitioner and the others are primarily that they, as subordinate workers, refused to accept him as a boss.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail and relies on the statements of witnesses including the ones recorded before the Magistrate. Considering the nature of allegations and the materials available in the case diary and the alleged role ascribed to the present petitioner, 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 the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being CRM (A) 2174 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.)