Malati Mondal v. State Of West Bengal

29.11.2022 Serial no.36 & 37 Aloke CRM (A) 5531 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 509 of 2022 dated 02.08.2022 under Sections 498(A)/34 of the Indian Penal Code with added Sections 376/511 of the Indian Penal Code.

-AndIn the matter of : Pradip Mondal ... ... Petitioner Ms. Minoti Gomes, Advocate Ms. Paulami Bhowmick, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Advocate Mr. Amanul Islam, Advocate ... ...For the State in CRM (A) 5531 of 2022 CRM (A) 5532 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 509 of 2022 dated 02.08.2022 under Sections 498(A)/34 of the Indian Penal Code with added Sections 376/511 of the Indian Penal Code.

-AndIn the matter of : Malati Mondal ... ... Petitioner Ms. Minoti Gomes, Advocate Mr. Mounik Ghosh, Advocate ... ... For the Petitioner Mr. Bidyut Kr. Roy, Advocate Ms.Rita Datta, Advocate ... ...For the State in CRM (A) 5532 of 2022 Petitioners seek anticipatory bail.

Two applications for anticipatory are taken up for consideration as they emanate out of the same police case. The petitioner in CRM (A) 5531 of 2022 is the husband of the de facto complainant while the petitioner in CRM (A) 5532 of 2022 is the mother-in-law of the de facto complainant. There is a previous police complainant lodged by the mother-in-law on July 21, 2022 against the de facto complainant.

The present police complaint was lodged on August 2, 2022. The present police complaint was lodged after six years of marriage. The brother-in-law of the de facto complainant was arrested. The allegations against the petitioners in both the petitions are general and omnibus in nature.

In such circumstances, we are inclined to grant anticipatory bail to the petitioners in both the applications. 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 condition that the petitioner in CRM (A) 5531 of 2022 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner in CRM (A) 5532 of 2022 will cooperate with the investigation till the conclusion of the investigation 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 in both the applications is allowed.

CRM (A) 5531 of 2022 and CRM (A) 5532 of 2022 are disposed of.

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