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Utpal Mondal & Ors vs Unknown on 13 July, 2018



RP 71
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.

…. Petitioners

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.)

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