Lipika Mondal v. State Of West Bengal

26.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3533 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Krishnaganj Police Station Case No. 129 of 2022 dated 25.04.2022 under Sections 304/34 of the Indian Penal Code. And In Re : Lipika Mondal ...... petitioner Mr. Sumanta Das ....for the petitioner Mr. S. S. Imam Mr. R. Jana ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the principal accused was enlarged on bail by the Coordinate Bench.

Learned advocate for the State draws the attention of the Court to the post mortem report and the statement of the sister of the deceased recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

Considering the 164 Cr.P.C. statement of the sister of deceased and considering the post mortem report of the deceased and considering the fact that the principal accused is on bail and considering the fact that the police filed chargesheet, we grant anticipatory bail to the petitioner.

Accordingly, we direct that 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, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)