Calcutta High CourtCRM/8277/2020partly allowed

Joydeb Mondal And ORS v. State Of West Bengal

2021-02-15Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

15.02.2021 Court No.28 rpan / 223 C.R.M. 8277 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Joydeb Mondal & Others ....Petitioners.

Mr. Angshuman Chakraborty ....for the Petitioners.

Mr. Neguive Ahmed,, Ms. Amita Gaur ... for the State Apprehending arrest in connection with Chakdah P. S. Case No. 256 of 2020 dated 08.09.2020 under Sections 306/34 of the Indian Penal Code, the petitioners have filed the present application.

The learned advocate for the petitioners represents that the petitioners have been falsely implicated in the case because of family dispute, as they happen to be relation of step-sister. Learned advocate additionally submits that there is no incident which amounts to abetment leading to suicide of the victim.

Learned advocate for the State draws our attention to the statement of the witnesses.

We have perused the materials in the case diary and having regard to the complicity of the petitioner nos. 1 and 2, we are of the opinion that they are not entitled to the privilege of anticipatory bail. As such, the prayer for anticipatory bail of the petitioner nos. 1 and 2, namely, Joydeb Mondal and Sharmila Mondal respectively, is rejected.

So far as the petitioner no.3 is concerned, we are of the opinion that the petitioner no.3 has been able to make out a case for being released on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner no.3is allowed. Accordingly, in the event of arrest the petitioner no.3, viz., Sharmila Bibi Sk., shall be released on bail upon furnishing a bond of Rs.10,000/- 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. The application for anticipatory bail, being CRM 8277 of 2020, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)