C.R.M. 4709 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 10.07.2018 in connection with English Bazar Women P.S. Case No.
85/2018 dated 05.06.2018 under Sections 498A/307 of the Indian Penal Code and Section 4 of
(Partly the D.P. Act.
Kakoli Mondal Anr.
State of West Bengal
Mr. Tilak Mitra, Adv.
Mr. Samit Bhanja, Adv.
…for the petitioners.
Mr. Imran Ali, Adv.
Ms. Debjani Sahu, Adv.
…for the State.
It is submitted on behalf of the petitioners that they have been falsely
implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail.
Having considered the materials in the case diary prima facie
disclosing involvement of the petitioner no.1 being the mother-in-law of the
victim housewife in attempting to throttle her which is supported by medical
evidence, we are not inclined in granting anticipatory bail to petitioner no.1.
However, bearing in mind the extent of complicity of the petitioner
no.2, the married sister-in-law of the victim housewife, in the alleged crime, we
are inclined in granting anticipatory bail to petitioner no.2.
Accordingly, we direct that in the event of arrest, the petitioner no.2
shall be released on bail upon furnishing a bond of Rs. 10,000/- with two
sureties of like amount, to the satisfaction of the arresting officer and also
subject to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973.
The application for anticipatory bail of the petitioner no.1 is rejected
and the application for anticipatory bail of the petitioner no.2 is allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)