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Calcutta High CourtCRM (A)/1942/2024allowed

Ashalata Mandal And ORS. v. State Of West Bengal

2024-06-24Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

24.06.2024 SL No.24 Court No.29 (gc) (Allowed) CRM (A) 1942 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Krishnaganj Police Station Case No.184 of 2024 dated 18.04.2024 under Sections 341/325/307/354B/34 of the Indian Penal Code.

And In the matter of : Ashalata Mandal & Ors.

- Petitioners.

Mr. Anindya Ghosh, Mr. Pronojit Roy ....For the Petitioners.

Mr. Iqbal Kabir, Ms. Debadrita Mandal ... For the State.

1. The learned Counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated.

2. It appears that there is a longstanding dispute between the family members and there is case and counter-case between the parties.

3. The learned Counsel for the State in opposing the prayer for anticipatory bail, thus, referred to the injury reports and the statement of the witnesses recorded under Section 161 of the Cr.P.C.

4. Considering the materials available in the case diary, the nature of injury, medical reports and the nature and extent of complicity of the petitioners in the commission of the alleged Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 25 th of June 2024 11:00:55 AM

offence, we are of the view that the custodial interrogation of the petitioners is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioners, namely, Ashalata Mandal, Anjana Biswas, Shubham Mondal and Arup Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, 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. It is further directed that the petitioner nos.3 and 4 shall meet the Investigating Officer once in a week till the submission of the final report and the petitioners shall appear before the learned District & Sessions Judge, Krishnanagar, Nadia in connection with G.R. Case No.2194 of 2024 and pray for regular bail within two weeks from date.

6. Accordingly, the application for anticipatory bail is disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 25 th of June 2024 11:00:55 AM