Rahidul Mondal vs Unknown on 12 July, 2017

1

12.07.2017
Item No.823
(partly allowed)
SB C.R.M. 5225 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.06.2017
And
In the matter of :

1.

Rahidul Mondal,

2. Halima Mondal @ Alima Mondal,

3. Imamul Mondal,

4. Manju Mondal @ Manjura Mondal,
……petitioners.

Mr. Navanil De,
Ms. Shreyashi Biswas,
Ms. Ayantika Roy …for the petitioners.

Sk. Samiul Haque …for the State.

Apprehending arrest in course of investigation of Chakdaha

P.S. FIR No. 327/2017 dated 29.05.2017 under Sections

498A/494 of the Indian Penal Code, the petitioners (husband,

mother-in-law, brother-in-law, marriage sister-in-law) have

presented this application for a direction that in the event of such

arrest, they may be released on bail.

Having heard learned advocates for the parties and on

perusal of the materials in the case diary, we are of the considered

view that complicity of the petitioner no. 1 cannot be ruled out and

that he is not entitled to any relief. The application for

anticipatory bail at his instance is, thus, rejected.
2

However, since there is dearth of material in the case diary to

suggest involvement of the petitioners 2, 3 and 4 in the alleged

offences, we are also of the considered view that curtailment of

their personal liberty for facing custodial interrogation may not be

necessary, at this stage.

It is, accordingly, directed that in the event of arrest, the

petitioners 2, 3 and 4 shall be released on bail upon furnishing

bond of Rs.5,000/- (Rupees Five Thousand) each, 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 in sub-section (2) of section 438 of the Code of Criminal

Procedure.

C.R.M. 5225 of 2017 thus stands disposed of.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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