Milon Mondal And ANR v. State Of West Bengal

08.08.2023 Court No.29 Monthly List Serial No.106 AP CRM (A) 2876 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.07.2023 in connection with Hariharpara Police Station Case No.491 of 2022 dated 23.10.2022 under Sections 498A/326/307/34 of the IPC with added Section 304B of the IPC corresponding to GR Case No.4636 of 2022.

And In Re: Milon Mondal and Anr.

... ... Petitioners.

Mr. Ali Ahasan Alamgir Ms. Soma Mal Ms. Rabia Khatun ... for the Petitioners.

Mr. Saswata Gopal Mukherji Mr. Aniket Mitra Ms. Jonaki Saha ... ... for the State.

1.

Heard learned Counsel for both the parties.

2.

The petitioners are brother-in-law and husband respectively of the deceased, who died on account of burn injury. There are two dying declarations on record. The deceased in her dying declaration has implicated the petitioner No.1, Milon Mondal, who is alleged to have set her afire. 3.

So far as the prayer for anticipatory bail of the petitioner No.2, husband, is concerned, it is submitted by learned counsel for the petitioners and it is also forthcoming from the case diary that he was serving in Pune. Learned counsel for the petitioners submits that on the fateful day of occurrence, the petitioner No.2, husband, was also not present on the spot.

4.

In view of such fact, we are not inclined to exercise our discretion under section 438 of the CrPC in favour of the petitioner No.1, Milon Mondal.

5.

So far as petitioner No.2 (Lalan Mondal) is concerned, regard being had to the facts and submission, factum of permanent residence of the petitioner No.2, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner No.2 shall surrender before learned Chief Judicial Magistrate, Murshidabad at Berhampore (in G.R. Case No.4636 of 2022) within 15 days from today. On his surrender and application for bail the petitioner No.2 shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6.

Accordingly, the prayer for the anticipatory bail in respect of petitioner No.1 is rejected and such prayer in respect of petitioner No.2 is allowed.

7.

The application being CRM (A) 2876 of 2023 is allowed in part.

8.

Learned Chief Judicial Magistrate, Murshidabad at Berhampore is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)