Moslem Mondal v. State Of West Bengal

06.09.2022 Serial no.16 Aloke CRM (A) 4231 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tapan Police Station Case No. 410 of 2022 dated 25.07.2022 under Sections 498A/306/34 of the Indian Penal Code.

-AndIn the matter of : Moslem Mondel ... ... Petitioner Mr. Biswajit Manna, Advocate ... ... For the Petitioner Mr. Shiladitya Banerjee, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The postmortem report of the victim suggests suicide on a prima facie view. The incident occurred more than 30 years of marriage. The petitioner before us is the brother-in-law of the victim. The husband is in custody.

In such circumstances, we are inclined to 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/- (Rupees Ten Thousand Only), 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 meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on further 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4231 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)