C.R.M. 5802 of 2017
In Re:- An application for bail under Section 438 of the Code of
Criminal Procedure, 1973.
In the matter of : 1. Gita Kundu
2. Somnath Kundu
3. Saraswati Kundu
Mr. Subir Debnath
Mr. Deabjit Kundu
…..For the petitioners
Mr. Saibal Bapuli, Ld. Add. P.P.
Mr. Bibhaswan Bhattacharya
……For the State
Apprehending arrest in course of investigation of Santipur
Police Station F.I.R. No. 235/2017 dated 3rd June, 2017 under
Sections 498A/302/34 of the Indian Penal Code, the
petitioners [victim’s mother-in-law, sister-in-law and wife of
brother-in-law (jaa)] have applied for anticipatory bail.
We have heard learned advocates for the parties and
perused the materials in the case diary.
Although the F.I.R. has been registered inter alia under
Section 302 of the Code of Criminal Procedure (hereafter the
‘Cr.P.C.’), on consideration of the post mortem report we are
inclined to the view that the victim may have committed
Be that as it may, having regard to the general nature of
allegations levelled by the witnesses under Section 161 of the
Cr.P.C., we are of the considered opinion that custodial
interrogation of the petitioners is not necessary for taking the
investigation to its logical conclusion; hence, they are entitled
to direction as prayed for.
The application, thus, stands allowed with the direction
that in the event of arrest, the petitioners 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.)