Allowed

Tanumoy Mondal and Ors. v. the State of West Bengal

Calcutta HC1 Aug 2023CRM (A)/1541/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding Sections 498A IPC and D.P. Act offences, the court found no prima facie offence for serious sections. Considering the matrimonial nature, potential for compromise, and short sentences for remaining charges, the court directed release on bail.

What did the court decide?

Petitioners directed to be released on bail in connection with the Kotwali Police Station case; specific appearance conditions imposed.

Tanumoy Mondal and Ors. Vs the State of West Bengal — Dowry and Cruelty | Calcutta HC (2023)

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01.08.2023

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C.R.M. (A) 1541 of 2023

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SL. 19 Court No. 29 Suvayan (Allowed)

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In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection withKotwali Police Station Case No.280 of 2022dated30.04.2022under Sections498A/325/313/307/34of the IPC and Sections3/ 4 of the D.P. Act. And
In the matter of:Tanumoy Mondal & Ors. ….petitioners.
Mr. Ayan Bhattacharya
Mr. Soumya Basu Roy Chudhuri
Mr. Shamik Chatterjee
Ms. Ritu Das
Mr. Aditya Bikram Mahata
Mr. Sahil Kabir …for the petitioners.
Mr. Saswata Gopal Mukherji, PP
Mr. Aniket Mitra …for the State.
Mr. Satadru Lahiri …for the de facto complainant.
Mr. Kallol Mondal …for the Mediator.

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Heard learned Counsel for both the parties.

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Considered the materials placed by them including the statement of the victim and her son recorded under Section 164 Cr.P.C. and injury report etc.

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From the materials on record, we do not find prima facie offence under Sections 313 and 307 IPC. So far as other offences are concerned the sentence is within seven days.

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Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on

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such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that i) the petitioner No. 1, Tanumoy Mondal, petitioner No. 3, Ashok Mondal, petitioner No. 4, Amumay Mondal and petitioner No. 5, Subhamay Mondal are directed appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.; ii) the petitioner No. 2, Manju Mondal is directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset.

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The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

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Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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Accordingly, the prayer for the anticipatory bail is allowed.

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The application being CRM (A) 1541 of 2023 is disposed of.

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(Chitta Ranjan Dash, J.)

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(Partha Sarathi Sen, J.)

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Tanumoy Mondal and Ors. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Tanumoy Mondal and Ors. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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