Calcutta High CourtCRM/7907/2021allowed

Sanyashi Mondal And ORS. v. State Of West Bengal

2021-12-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

02.12.2021 Serial no.31 Aloke (Through Video Conference) Ct. No. 29 CRM 7907 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.11.2021 in connection with Tahatta Police Station Case No. 346 of 2021 dated 30.06.2021 under Sections 498A/302/34 of the Indian Penal Code.

-AndIn the matter of : Sanyashi Mondal & Ors. ... ...Petitioners Mr. Rana Mukherjree, Advocate Mr. Amanul Ismal, Advocate Mr. Sourav Mukherjee, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, ld. APP Ms. Sonali Das, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The complaint was lodged 19 years after the marriage. The learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure of the daughter of the victim.

Considering the statement recorded under Section 161 of the Code of Criminal Procedure and considering the fact that the husband of the deceased was granted bail by the jurisdictional Court, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioner nos. 1 and 4 shall meet the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2 and 3 will

cooperate with the investigation and on further condition that the petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date. The prayer for anticipatory bail is allowed.

CRM 7907 of 2021 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)