Alaka Mandal @ Aloka Mandal And ORS v. State Of West Bengal And ORS.

CRM No.8035 of 2020 23.02.21 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Murshidabad Police Station Case No.217 of 2020 dated 22.06.2020 under Sections 498(A)/302/120B of the Indian Penal Code (G.R. Case No.1710 of 2020);

(S.R.) Sl.119 Ct.28 And In re: Alaka Mandal @ Aloka Mandal & Ors.

... petitioners.

Mr. Usof Ali Dewan Mr. Asif Dewan ... for the petitioners.

Mr. Aniket Mitra ...for the State.

Mr. Dewan, learned advocate appearing for the petitioners submits that the petitioner nos.2 and 3 were arrested during pendency of the present application and they subsequently surrendered and were enlarged on bail.

In view thereof, the present application in respect of the petitioner nos.2 and 3 is dismissed as infructuous. He further submits that the petitioner nos.1 and 4 have been falsely implicated in an incident which occurred about eight years after the marriage of Sukumar Mandal with the victim lady. The husband of the victim lady has already been enlarged on bail by a coordinate bench of this Court. Upon completion of investigation charge sheet has already been submitted and as such custodial interrogation of the petitioner nos.1 and 4 is not warranted.

Mr. Mitra, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary and the fact that the other co-accused persons including the husband of the victim lady have been enlarged on bail, we are of the opinion that custodial interrogation of the petitioner nos.1 and 4 is not warranted.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Alaka Mandal @ Aloka Mandal and Mamoni Mandal, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, 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. Accordingly, the application for anticipatory bail being CRM No.8035 of 2020, is allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)