Kakali Mondal v. State Of West Bengal

23.092020 Item 11 Court No. 8 CP CRM 6993 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 Bharatpur Police Station Case No. 109 of 2020 dated 05.04.2020 under Sections 498A/326/307/34 of the Indian Penal Code.

And In the matter of: Kakali Mondal ....Petitioner.

Mr. Manas Kumar Das.

...for the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

...for the State.

The petitioner undertake to affirm and stamp the petition as per Rules within a month of resumption of normal functioning of the court. The application is taken up through video conference on the basis of such undertaking.

Having considered the materials on record as well as the Memo of Evidence and the fact that the charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioner is not required.

Accordingly, we allow the application for anticipatory bail. In the event of arrest, the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) together with two sureties of like amount each, one of whom must be local, to the satisfaction of the ACJM, Murshidabad subject to the condition as laid down under Section 438(2) of the Cr.P.C. and on further condition

that she shall appear before the trial court on every date of hearing and shall not intimidate the witnesses or tamper with evidences in any manner whatsoever.

Memo of Evidence is kept with the record.

The application for anticipatory bail is allowed. In the event the petitioner fails to comply with the conditions as enshrined hereinabove, it is open to the trial court to cancel the bail without any further reference to this Court.

CRM 6993 of 2020 and CRAN 1 of 2020 are disposed of. (Soumen Sen, J.) (Saugata Bhattacharyya, J.)