C.R.M. 5810 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04.07.2019 in connection
with Hogalberia P. S. Case No.63 dated 24.04.2019 under Sections
498A/Section302/Section304B/Section34 of the Indian Penal Code.
In the matter of : Prabhas Mondal Ors.
Mr. Asraf Mondal.
…for the Petitioners.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Aniket Mitra.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that they are in
laws of the victim housewife and they have been falsely implicated
in the instant case.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the victim suffered unnatural death due
to poison within six years of marriage.
We have considered the materials on record and keeping in
mind the nature of allegations and in the light of the aforesaid
submission made on behalf of the petitioners and as there is no
direct evidence connecting the petitioners with the alleged crime,
we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the
petitioners viz., Prabhas Mondal, Prakash Mandal, Indupada
Mondal @ Rinku Mandal and Bithika Mandal 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
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and on further condition that
the petitioners shall appear before the trial court and pray for
regular bail within four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)