An Application For Anticipatory … vs 1. Gopal Mondal on 12 May, 2017

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Sl No. 573(M.L.)
12.05.2017

Allowed.

AJ.

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.

And

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.

… petitioners.

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
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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

this application.

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. )

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