Saharaj Mondal v. State Of West Bengal

09.10.2020 SL No.52 Court No.23 (gc) (Allowed) CRM 7526 of 2020 With CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bongaon P.S. Case No.511/2020 dated 16.09.2020 under Sections 498A/304B/34 of the Indian Penal Code.

And In the matter of: Saharaj Mondal & Ors.

....Petitioners.

Mr. Arnab Chatterjee ...for the Petitioners.

Mr. Rana Mukherjee, Ms. Sujata Das ...for the State.

The petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

The learned Counsel for the petitioners submits that the petitioners have been falsely implicated. The petitioners are the in-laws of the deceased.

The learned Counsel for the State, however, opposes the prayer for anticipatory bail. It is submitted that within three months of marriage, the victim has committed suicide. The learned Counsel has also relied upon the statement of the accused recorded under Section 161 of the Cr.P.C. implicating the petitioners.

Considering the materials on record available with the case diary and the extent of complicity of the petitioners in the commission of offence, we are inclined to allow the prayer for anticipatory bail to the petitioners subject to the following conditions.

In the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 and on further condition that the petitioner No.1 shall meet the Investigation Officer once in a week until further orders. The petitioner shall pray for regular bail before the Trial Court on or before 30th November, 2020.

Accordingly, the application for anticipatory bail being CRM 7526 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)