Ashalata Mondal @ Asha v. State Of West Bengal

17.12.2021 cm/ct 28 CRM 8222 of 2021 sl no. 111 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kaliganj P.S Case No. 387/2021 dated 16.07.2021 under Sections 341/326/307/354/34 of the Indian Penal Code.

And Allowed In Re : Ashalata Mondal@ Asha ..... petitioner Mr. Snehansu Majumder ...... for the petitioners Mr. S.S. Imam Mr. Arabinda Manna ...... for the State It is submitted on behalf of the petitioner that the victim had misbehaved in a drunken condition.

Learned lawyer for the state opposes the prayer for bail. We have considered the materials on record. Keeping in mind the nature of allegations in the light of the submission that the victim was intoxicated and behaved in a provocative manner, we are of the opinion custodial integrate is not necessary and petitioner may be granted pre-arrest bail.

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.

Petitioner shall appear before the court below and pray for regular bail within two weeks from date.

The application being CRM 8222 of 2021 is disposed of. ( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J.)