Pradip Mandal @ Mondal And ANR. v. State Of West Bengal

08.01.2024 Serial no. 59 Anticipatory Bail [Allowed] Dd CRM (A) 4625 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 174 of 2022 dated 20.03.2022 under Sections 498A/304B/120B of the Indian Penal Code, 1860. (G.R. Case No. 804 /2022 ) -AndIn the matter of : Pradip Mandal @ Mondal & Anr. ... ... Petitioners Mr. Amit Ranjan Pati Ms. Swastika Chowdhury, Advocates ... ... For the Petitioners Mr. Imran Ali, Ms. Debjani Sahu, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

The husband of the victim was taken into custody. Postmortem report of the victim suggests that the death of the victim was due to poisoning.

The Doctor treating the victim stated that, if the victim was brought earlier, there was possibility of saving the life of the victim.

Possibility of the victim consuming medicine relating to hypertension cannot be overlooked.

There are omnibus allegations as against the petitioners herein made by the neighbour.

Petitioners before us is the father-in-law and the antiin-law of the victim. In such circumstances, we confirm the interim order granted on October 16, 2023.

Consequently, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 further condition that the petitioner no. 1 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further condition that the petitioners 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 petitioners is allowed. CRM (A) 4625 of 2023 is disposed of.

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