Subhajit Mondal v. State Of West Bengal

08.10.2020.

42.

as (Allowed).

C.R.M. 7668 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 Khejuri P.S. Case No.293 of 2019 dated 03.11.2019 under Sections 498A/304B/34 of the Indian Penal Code.

In the matter of : Subhajit Mondal.

... Petitioner.

Mr. Sourav Chatterjee, Ms. Rimpy Mukherjee.

...for the Petitioner.

Mr. P. K. Datta, ld. A.P.P., Mr. Santanu Deb Roy.

.....for the State.

Heard the learned Advocates appearing for the parties. Petitioner undertakes to affirm and stamp the petition/application as per Rules within a 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.

It is submitted on behalf of the petitioner that he is in custody for about 341 days. It is also submitted that the victim committed suicide by hanging.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner i.e. the husband of the victim/housewife tortured her resulting in her unnatural death.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the victim committed suicide, we are of the opinion that in the facts and circumstances of the case and the period of detention already undergone, further detention is not necessary and the petitioner may be granted anticipatory bail. Accordingly, we direct that in the event of arrest the petitioner shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Aniruddha Roy,J.) (Joymalya Bagchi, J.)