Calcutta High CourtCRM/10777/2020allowed

Sokalmoni Mandi@Shokal Breja v. State Of West Bengal

2021-03-04Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh3 pages

04.03.2021 Court No.28 Item No. 40 Krishnendu ALLOWED C.R.M. 10777 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Sokalmoni Mandi @ Shokal Breja (Mandi) ....Petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty ....For the Petitioner Mr. Aniket Mitra ....For the State Apprehending arrest in connection with Salboni Police Station Case No. 226 dated November 04, 2019 under sections 341/323/376/417/506/34 of the Indian Penal Code, the petitioner has filed the present application. The learned advocate for the petitioner submits that the petitioner is the sister-in-law of the principal accused, who has been arrested in connection with the instant case. Additionally, the learned advocate submits that as the petitioner has been falsely implicated, she may be extended the benefit of anticipatory bail.

Mr. Mitra, learned advocate for the State draws the attention of this Court to the statement of the victim recorded under section 164 of the Code of Criminal Procedure. He submits that investigation has been concluded and charge sheet has also been submitted in connection with this case.

We have perused the case diary, which includes the statements of the witnesses as also the statement of the victim. Having regard to the nature of materials appearing against the present petitioner, we are of the opinion that custodial detention of the petitioner is not warranted in this case. As such, the prayer for anticipatory bail of the petitioner is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Sokalmoni Mandi @ Shokal Breja (Mandi), 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 No. 10777 of 2020, is, thus, disposed of.

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.)