Maleka Mondal @ Maleka Bibi And ORS. v. State Of West Bengal
C.R.M. (A) 3697 of 2023 17.10.2023 SL. 3 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 382 of 2023 dated 19.06.2023 under Sections 447/326/34 IPC.
And In the matter of: Maleka Mondal @ Meleka Bibi Mondal & Ors. ....petitioners.
Mr. Habibur Rahaman Ms. Jasika Alam Mr. Archishman Singh ...for the petitioners.
Mr. Abhra Mukherjee Mr. Gautam Banerjee ...for the State.
1. Heard learned Counsel for the parties.
2. Considering the fact that the injury of the victim is simple in nature. We are inclined to take a lenient approach in favour of the petitioners.
3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed supra and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that: i) The petitioner nos. 2 and 3 are directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of Final Form.
ii) The petitioner no. 1 being a lady is directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset till submission of F.F.
4. Within 21 days from today, petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.
5. Accordingly, the prayer for anticipatory bail is allowed.
6. The application being CRM (A) 3697 of 2023 is disposed of.
7. The I.O. is hereby directed to act upon the server copy of this order, if required.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)