Mahananda Samajpati v. State Of West Bengal

VB 137.

13.10.2022 Ct.28 NB/Tgh/Ali Allowed C.R.M. (A) 4939 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Tehatta Police Station Case No. 409 of 2022 dated 22/05/2022 under Sections 498A/326B/506/34 of the Indian Penal Code.

And In the matter of: - Mahananda Samajpati ...petitioner.

Mr. Abdul Aziz Mondal.

...for the petitioner.

Mr. Pravash Bhattacharya, Mr. Pratick Bose.

...for the State.

Heard learned Lawyer of the parties.

Petitioner is the uncle-in-law of the victim housewife. It is submitted that co-accused (husband of the victim housewife) has been granted regular bail.

Learned Lawyer for the State opposes the prayer for bail. We have considered the materials on record. Petitioner is the principal accused.

Keeping in mind the extent of complicity of the petitioner in the crime, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest, the petitioner, viz., Mahananda Samajpati shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of

the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. (A) 4939 of 2022 is, accordingly, disposed of.

(Supratim Bhattacharya, J.) (Joymalya Bagchi, J.)