August 6, 2018.
CRM 5651 of 2018
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Shalini Jaiswal and others
The State of West Bengal
Mr Raj Sharma
… for the petitioners.
Ms Sonali Bhar
Mr Budhaditya Mukherjee
… for the State.
The petitioners seek anticipatory bail in connection with
Baranagar Police Station Case No.433 of 2018 dated July 16, 2018
under Sections 498A/325/323/406/120B/34 of the Indian Penal
Code and Section 3 and 4 of Domestic Violence Act.
The State refers to the case diary and injury report.
The petitioners submit that this is a case of complaints on
either side and the assailants from the rival side have already
obtained anticipatory bail.
Considering the material on record and the nature of the
disputes between the parties, it does not appear necessary for the
petitioners to be detained at this stage.
Accordingly, in the event of arrest, the petitioners are directed
to be released on bail upon furnishing bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each, with two sureties of Rs.5,000/-
(Rupees Five Thousand Only) each, one of whom must be local, to
the satisfaction of the arresting officer, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973. In
addition, the petitioners will also report to the investigating officer
at such time and place as may be specified by the concerned police
The petition for anticipatory bail is allowed on the conditions
A certified copy of this order be immediately made available to
the petitioners, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Abhijit Gangopadhyay, J. )