CRM 4784 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Santipur PS
Case No.32 of 2018 dated 29.01.2018 under Sections
498A/326/307/34 of the Indian Penal Code read with Section
302 Indian Penal Code.
In the matter of : Utpal Mondal Ors.
Mr. Sayan De, Adv.
Mr. Ritesh Pal, Adv.
Miss. Srimoyee Mukherjee, Adv.
…. For the Petitioners
Mr. Madhu Sudan Sur, Adv.
Mr. Manoranjan Mahata, Adv.
…. For the State
It is submitted on behalf of the petitioners that they are in-laws
of the victim housewife. It is further submitted that they have been
falsely implicated in the instant case. The principal accused, that is
the husband of the petitioner, is on regular bail.
Learned Advocate for the State produces the case diary and
opposes the prayer for anticipatory bail.
Having considered the materials on record including the
statement of the mother of the victim recorded under Section 164
CrPC at pages 63 to 67 of the case diary we note that the husband of
the said victim housewife set her on fire and it is alleged that the
petitioners did not interfere in the matter. Keeping in mind the
extent of complicity of the petitioners in the alleged crime and the fact
that the principal accused is in custody, we are inclined to grant
anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioner
shall be released on anticipatory bail upon furnishing bond of
Rs.10,000/-( Rupees Ten Thousand only) each with two sureties of
like amount, to the satisfaction of the arresting officer and also
subject to the conditions laid down in sub-section (2) of Section 438
of the Code of Criminal Procedure, 1973 and on further condition
that they shall appear before the Court below and pray for regular
bail within a fortnight from date.
The application for anticipatory bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)