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Judgments of Supreme Court of India and High Courts

CRM/5100/2019 on 21 June, 2019

1

26 21.06.2019

C.R.M. 5100 of 2019
PG

Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.

In re : 1. Madan Mandal

2. Avarani Mondal @ Mondal Avarani

3. Bhagyadhar Mondal

4. Sumana Mondal……..petitioners

Mr. Abdul Aziz Mondal …….for the petitioners

Mr. Tanmoy Kr. Ghosh
Mr. Arabinda Manna…….for the State

Leave is granted to the learned advocate for the petitioners to correct

the cause title of the application.

Apprehending arrest in course of investigation of Beldanga Police

Station F.I.R. No. 525 of 2018 dated 22.11.2018 under Sectionsections 498A/Section304B of

the Indian Penal Code, the petitioners (victim’s parents-in-law, brother-in-law

and sister-in-law) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the

materials in the case diary. From the various statements of witnesses recorded

under Sectionsection 161 of the Code of Criminal Procedure, 1973 (hereafter the

‘SectionCr.P.C.’), we find that the petitioners actively assisted in torturing the victim;

however, apart from such accusation, no particular overt act has been

attributed to any one of them. We have also been informed that the husband of

the victim, the principal accused, is still in custody.

In view of the above, we are of the considered opinion that personal

liberty of the petitioners need not be curtailed at this stage and that it is a fit

and proper case for making direction, as prayed for.

Accordingly, it is directed that in the event of arrest, the petitioners

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 also subject to the

conditions laid down in sub-section (2) of Section 438 of the Cr.P.C.

The application is, thus, disposed of.

(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)
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