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Calcutta High CourtCRM (A)/3384/2024allowed

Bijli Mondal @ Bijali Mondal v. The State Of West Bengal

2024-09-19Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

19.09.2024 Court No.29 Item No.50 ar CRM (A) 3384 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Balurghat Police Station Case No. 634 of 2024 dated 08.08.2024 corresponding to G.R Case No. 1557 of 2024 under Sections 85/115(2)/80/123/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Bijli Mondal @ Bijali Mondal Petitioner Mr. Kaushik Choudhury Ms. Munmun Dutta For the Petitioner Ms. Faria Hossain Ms. Trina Mitra For the State

1. Heard the learned counsel appearing for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and the statement of the neighbours wherefrom it appears that the husband used to torture the deceased and presently the husband of the deceased is in custody and also having regard to the fact that the allegation against the petitioner is omnibus in nature, we are of the view that custodial interrogation of the petitioner is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioner, namely, Bijli Mondal @ Bijali Mondal shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O as and when required following the female Signed By :

AMITAVA ROY High Court of Calcutta 20 th of September 2024 12:18:32 PM

norms till the submission of the final report and on further condition that the petitioner shall appear before the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur within two weeks from date in connection with G.R Case No. 1557 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

4. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 20 th of September 2024 12:18:32 PM