Monalisa @ Monalisha Khatun And ANR. v. State Of West Bengal And ANR

08.11.2024 SG [ALLOWED] C. R. M. (A) 3844 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ranitala Police Station Case No. 674 of 2024 dated 04.09.2024 under Sections 419/420/376/506 of the Indian Penal Code, 1860.

And In Re: Monalisa @ Monalisha Khatun and Anr.

... ... Petitioners Mr. Manas Kumar Das.

... ... for the petitioners Mr. bibaswan Bhattacharya, Mr. Atanu Ghosh.

... ... for the State 1.

Petitioners submit principal accused is the father and son-in-law of petitioner nos. 1 and 2 respectively. He had developed an intimate relationship with the de facto complainant. As a consequence, petitioner no. 2 had advanced money to the de facto complainant and she returned the same by issuing a post dated cheque. The cheque bounced and a criminal case was registered against her. In retaliation, they have been falsely implicated. They pray for anticipatory bail. 2.

Learned lawyer for the State contends de facto complainant was blackmailed by the principal accused and compelled to pay money. Money was credited in the account of petitioner no. 1. Petitioners had threatened her to make further payments failing which her obscene pictures shall be circulated. 3.

We have considered the materials on record. Documents show de facto complainant had issued a post dated cheque in Signed By :

SOURAV GHOSH High Court of Calcutta 15 th of November 2024 05:31:51 AM

favour of petitioner no. 2 which had bounced. A criminal case has been registered. Thereafter, the instant case was filed. No obscene video has been seized in course of investigation. Keeping in mind these facts, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct in the event of arrest, the petitioners viz., Monalisa @ Monalisha Khatun and Ruvvan Bewa be released on bail upon furnishing a bond of Rs.10,000/-, 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 15 th of November 2024 05:31:51 AM