Tufani Mondal v. State Of West Bengal

15.09.2020

(31) KC C.R.M. 6478 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhutni Police Station Case No. 65 of 2020 dated 07.05.2020 under Sections 498A/323/307/34 of the Indian Penal Code. In the Matter of : Tufani Mandal and Ors.

.... petitioners.

Mr. Arup Bhowmik...........................For the petitioners. Mr. Imran Ali, Mr. M.F.A. Begg..............................For the State. The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petition is by the husband of the survivor and the relatives of the husband.

It appears from the case diary that the survivor suffered a scalp injury and she has made allegations against the husband and his relatives of trying to kill her. The head injury appears to be severe.

Considering the circumstances, the husband of the complainant does not deserve any lenience. However, the petitioners other than the first petitioner may be enlarged on bail, if arrested. The prayer for bail of the first petitioner is refused and he shall surrender immediately.

In the event the other petitioners are arrested, they should be enlarged on bail upon furnishing security of Rs. 10,000/- each with two sureties of equal amount each, one of whom must be local, to the satisfaction of the arresting officer. Such petitioners will have to be abide by the conditions laid down in Section 438(2) of the Code. CRM 6478 of 2020 and the interim application therein are disposed of.

(SANJIB BANERJEE, J.) (ANIRUDDHA ROY, J.)