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498A/325/313/34 Of The Indian … vs In Re : Dulal Mondal & Ors on 14 November, 2019



Partly allowed

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.)

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