Ratan Mondal And ORS v. State Of West Bengal

18.12.2020 b.das CRM 9381 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pukuria P.S. Case No.260 of dated 11.08.2020 under Sections 341/323/325/307/34 of the Indian Penal Code.

And In the matter of: Ratan Mondal & Ors.

....Petitioners.

Ms. M. Gomes ...for the Petitioners.

Mr. S.S. Imam Mr. S. Roy ...for the State.

Allegation of physical assault requires to be assessed in the light of the submission that there was a free fight amongst the family members.

Having considered the materials on record and keeping in mind the aforesaid factual matrix, we are of the opinion that custodial interrogation may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also 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 allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)