115 19.03.2019 C.R.M. 3284 of 2019
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 15.03.2019 in connection with
Domjur P.S. Case No.579 of 2017 dated 06.07.2017 under Sections
498A/304B/34 of the Indian Penal Code adding Section 302 of the
Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act .
In the matter of: Sandhya Medda
Mr. Arun Naskar
… for the petitioner
Mr. Rudradipta Nandy
… for the State
This subsequent application for anticipatory bail was filed in
view of the fact that another co-accused has been granted pre-arrest
bail after the rejection of similar prayer of the petitioner by this Court.
We have considered the materials on record and in our
considered opinion grant of pre-arrest bail to co-accused who is
similarly circumstanced with the petitioner after the rejection of
similar prayer of the petitioner is an extenuating change in
circumstance justifying review of the earlier order rejecting her prayer
for pre-arrest bail.
Keeping in view the aforesaid fact and the extent of complicity
of the petitioner in the alleged crime and that co-accused who is
similarly circumstanced with the petitioner has been granted
anticipatory bail, we are inclined to grant anticipatory bail to the
Accordingly, we direct that in the event of arrest, the
petitioner shall be released on bail upon furnishing bond of
Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like
amount each, to the satisfaction of the arresting officer and also be
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and she shall appear before the
court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied for, be
supplied expeditiously after complying with all necessary legal
(Manojit Mandal, J.) (Joymalya Bagchi, J.)