Sl No. 573(M.L.)
C.R.M. 3425 of 2017
In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure presented on 20.04.2017.
In the matter of: 1. Gopal Mondal,
2. Sukla Mondal,
3. Nilmadhab Mondal,
4. Mira Mondal,
5. Goutam Mondal,
6. Chumki Mondal,
7. Madan Mondal,
8. Laxmi Rani Mondal,
9. Dukhi Bala Mondal
@ Pramila Bala Mondal.
Mr. Palash Bapari. … for the petitioners.
Mr. Saibal Bapuli, Ld. A.P.P.,
Mr. A. Bhattacharya. … for the State.
Apprehending arrest in course of investigation of Tehatta Police Station
F.I.R. No. 133/2017 dated 23/03/2017 under Sections 498A/302/34 of the
Indian Penal Code, the petitioners have applied for anticipatory bail.
We have heard learned advocates for the parties and perused the materials
in the case diary.
It appears that soon after marriage, which was solemnised five years back,
each of the spouses was staying apart from one another. Having regard to the
extent of complicity of the petitioners as revealed from such case diary, more
particularly the victim’s statement recorded under Section 164 of the Code of
Criminal Procedure, we are of the considered opinion that custodial interrogation
of the petitioners is not necessary for effective and meaningful progress of
investigation of the F.I.R. and that they are entitled to direction as prayed for in
C.R.M. 3425 of 2017 stands allowed with the direction that in the event of
the petitioners’ arrest, they shall be released on bail upon furnishing bond of
Rs.5,000/- each, with two sureties of like amount each, one of whom must be
local, to the satisfaction of the arresting officer and also subject to the conditions
as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.
( Dipankar Datta, J.)
( Debi Prosad Dey, J. )