Calcutta High CourtCRM (A)/3655/2024allowed

Gopal Mandal v. State Of West Bengal

2024-10-07Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

07.10.2024 SL No.87 Court No.29 (SSS) (Allowed) CRM (A) 3655 of 2024 In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; under Section 483 of the Code of Criminal Procedure, 1973 filed in connection with Murshidabad Police Station Case No.791 of 2024 dated 09.09.2024 under Sections 108/351 (2)(3)/3(5) of BNSS, 2023 Code.

And In the matter of Gopal Mandal.

- Petitioner.

Mr. Ashim Kumar Chakraborty, Adv.

......For the petitioner.

Mr. Kunal Ganguly, Adv.

....For the State.

1. Heard learned Counsel for the parties.

2. Considering the materials available in the case diary and having regard to the extent and nature of the dispute and involvement of the petitioner in the commission of alleged offence and also having regard to the statement of the daughter of the deceased and the housemaid, we find that the specific allegation is against the wife of the present petitioner and no active role is as such of the present petitioner.

3. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sri Gopal Mandal shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like

amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioners shall deposit the mobile with the Investigating Officer for forensic examination within 24 hours without tampering with the said mobile. It is further directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad in connection with G.R. Case No.4382 of 2024 and pray for regular bail within two weeks from date and shall meet the I.O once in a fortnight.

4. The petitioner shall cooperate in the investigation as and when called for and produce all the relevant documents and furnish all information as has been required for the purpose of investigation and shall not leave the jurisdiction of Police Station Murshidabad without the leave of the Investigating Officer.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)