Sandhya Mandal v. State Of West Bengal

C.R.M (A) 4965 of 2022 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

ASR /S.

17.10.2022 Bane rjee 170..

In Re : Sandhya Mandal ....Petitioner Mr. Rana Mukherjee Mr. Rhiddhiman Mukherjee ...for the petitioner Mr. Sudip Ghosh Ms. Baisali Basu ......for the State This is an application for anticipatory bail. Considering the fact that the husband of the complainant has been enlarged on bail and there is no material produced showing a direct nexus between the petitioner and the commission of the offence together with the fact that there is no evidence of the poison allegedly being administered on the victim, we are inclined to allow the prayer for anticipatory bail.

In the event of arrest the petitioner shall be released on bail upon furnishing bond of Rs. 10,000/ (rupees ten thousand only) with two sureties of like amount, one of whom shall be local and to the satisfaction of the arresting officer, the petitioner shall be subjected to the condition under Section

438 (2) of the Code of Criminal Procedure and the petitioner shall make himself available for trial before the learned court below as and when the petitioner is called to do so.

CRM (A) 4965 of 2022 is accordingly allowed.

In the event, the petitioner fails to comply with the above condition, the learned court below shall be at liberty for canceling the order without further reference to this court.

(Moushumi Bhattacharya, J.) (Saugata Bhattacharyya, J.)