1
12.07.2017
Item No.823
(partly allowed)
SB C.R.M. 5225 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.06.2017
And
In the matter of :
1.
Rahidul Mondal,
2. Halima Mondal @ Alima Mondal,
3. Imamul Mondal,
4. Manju Mondal @ Manjura Mondal,
……petitioners.
Mr. Navanil De,
Ms. Shreyashi Biswas,
Ms. Ayantika Roy …for the petitioners.
Sk. Samiul Haque …for the State.
Apprehending arrest in course of investigation of Chakdaha
P.S. FIR No. 327/2017 dated 29.05.2017 under Sections
498A/494 of the Indian Penal Code, the petitioners (husband,
mother-in-law, brother-in-law, marriage sister-in-law) have
presented this application for a direction that in the event of such
arrest, they may be released on bail.
Having heard learned advocates for the parties and on
perusal of the materials in the case diary, we are of the considered
view that complicity of the petitioner no. 1 cannot be ruled out and
that he is not entitled to any relief. The application for
anticipatory bail at his instance is, thus, rejected.
2
However, since there is dearth of material in the case diary to
suggest involvement of the petitioners 2, 3 and 4 in the alleged
offences, we are also of the considered view that curtailment of
their personal liberty for facing custodial interrogation may not be
necessary, at this stage.
It is, accordingly, directed that in the event of arrest, the
petitioners 2, 3 and 4 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 subject to the conditions as
laid down in sub-section (2) of section 438 of the Code of Criminal
Procedure.
C.R.M. 5225 of 2017 thus stands disposed of.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)
