Falguni Mondal v. State Of West Bengal And ORS.

11.03.2021 Court No.28 rpan /41 C.R.M. 10916 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Falguni Mondal Petitioner Mr. Jayanta Narayan Chatterjee, Mr. Swagata Das, Ms. Chandrima Roy Karmakar For the Petitioner.

Mr. Prasun Kumar Dutta, Mr. Subrato Roy For the State.

Apprehending arrest in connection with Khanakul Police Station Case No. 119 of 2020 dated 18.05.2020 under Sections 285/326/307/34 of the Indian Penal Code [Chargesheet submitted under Sections 285/302/34 of the Indian Penal Code], the petitioner has filed the present application. Mr. Chatterjee, learned advocate for the petitioner submits that the petitioner is innocent of the charges and she has been falsely implicated in the instant case. Additionally, he submits that the principal accused has been enlarged on bail. Mr. Dutta, learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of this Court to the statement of one Asit Mondal.

We have perused the materials on record, including the statement of the victim and we find that incriminating materials are there so far as the present petitioner is concerned. Having considered the complicity of the present petitioner in commission

of the alleged offence, we are not inclined to extend the benefit of anticipatory bail to the present petitioner. As such, the prayer for anticipatory bail is rejected.

The application for anticipatory bail, being CRM No. 10916 of 2020, accordingly, dismissed.

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