Anju Pal And ANR v. State Of West Bengal

December 02, 2020 ARDR (Serial No. 30) CRM 9517 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chatterjeehat Police Station case no. 144 of 2020 dated 04/11/2020 under Sections 498A/307/406/34 of the Indian Penal Code and also 3/4 Dowry Prohibition Act.

In Re : Anju Pal & anr.

... petitioners Mr. Sourav Dhara, .....for the petitioner Mr. Bidyut Kumar Roy, Ms. Rita Datta, ....for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner no. 1 is the mother-in-law and the petitioner no.2 is the sister of the petitioner no.1.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated.

Learned counsel for the State submits that the husband of the complainant is the prime accused and he is in custody. However, the learned counsel for the State opposes the prayer for bail.

Considering the materials made available along with the Case Diary and no specific involvement or any complicity of the petitioners in the commission of the alleged offence being spelt out from such materials, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of arrest, the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.5,000/-(Rupees Five thousand only) each to the satisfaction of the arresting officer subject to condition that the petitioner shall co-operate with the investigation. The petitioners must comply with the conditions laid down under Section 438(2) of the Code.

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