Chhanda Mondal And ORS. v. State Of West Bengal
06.11.2025 Court No.28 Item No.8 tbsr Allowed CRM (A) 2881 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Goghat P.S. Case No.274 of 2025 dated 28.06.2025 under Sections 85/103(1) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Chhanda Mondal & Ors.
....Petitioners.
Mr. Suman Chakraborty ....for the petitioners Ms. Sonali Das Mr. Tapas Kumar Saha ....for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the wives of the brothers-in-law of the alleged victim. They stay separately. The petitioners have been falsely implicated in this case.
Learned counsel appearing on behalf of the State points to the statements of the husband of the victim and the son as also to the statement of a neighbour. She also points to the post mortem report and further statements of the doctor recorded by the police. The statement of the doctor makes it clear that the victim was not in a position to give a dying declaration.
The son the victim has stated that he came and protested at the torture inflicted by the petitioners on his mother and then left the place. According to statement, the incident occurred after this.
The post mortem report also does not show any other external injury.
Considering the above, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.
In the event of arrest, the petitioners 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall cooperate with investigation and shall not threaten or intimidate witnesses.
The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)