C.R.M. 10480 of 2019
In Re.: An application under Section 438 of the Code of Criminal
Procedure filed on 13.11.2019 in connection with Kalyani Police Station
Case No. 468 of 2019 dated 22.10.2019 under Sections
498A/Section325/Section313/Section34 of the Indian Penal Code.
In Re : Dulal Mondal Ors. ….. petitioners
Ms. Minoti Gomes
… for the petitioners
Mr. N. P. Agarwala
… for the State
Having considered the materials on record prima facie
disclosing involvement of petitioner no. 2 in pushing the victim
housewife to the floor while she was in the family way resulting in
miscarriage, we are of the opinion that custodial interrogation of
petitioner no. 2 is necessary and this is not a fit case in granting
anticipatory bail to her.
The application for anticipatory bail in so far as petitioner no. 2
concerned is, thus, rejected.
However, keeping in mind the extent of complicity of the
petitioners no. 1 and 3 in the alleged crime, we are inclined to grant
anticipatory bail to them.
Accordingly, we direct that in the event of arrest the petitioners
no. 1 and 3 shall be released on bail upon furnishing a bond of
Rs.10,000/- each with two sureties of like amount each, to the
satisfaction of the arresting officer and also be subject to the conditions
as laid down under Section 438(2) of the Code of Criminal Procedure,
1973 and on further condition that they shall appear before the court
below and pray for regular bail within a period of four weeks from date.
Accordingly application for anticipatory bail is allowed so far as
petitioners no. 1 and 3 are concerned.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)