Allowed

Tafejul Sk@Mondal v. State of West Bengal

Calcutta HC7 Feb 2023CRM (A)/209/2023

Case brief

AI extract

What is this about?

In C.R.M. (A) 209 of 2023, the Court granted anticipatory bail to the petitioner in a case under Sections 498A, 325, and 326 IPC. The discharge followed despite a subsequent FIR and charge sheet, marking a significant development in anticipatory bail jurisprudence regarding domestic violence cases.

What did the court decide?

Grant of anticipatory bail conditioned upon a bond of Rs. 10,000/- with two sureties and appearance before the jurisdictional court.

Tafejul Sk@Mondal Vs State of West Bengal — Domestic Violence | Calcutta HC (2023)

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07.02.2023

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Sl.1 Court No.29 (AD) (Allowed)

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C.R.M. (A) 209 of 2023

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In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No .179 of 2020 dated 04.08.2020 under Sections 498A/325/326/307/34 of the Indian Penal Code. And

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In the matter of: Tafejul Sk. @ Mondal ….petitioner. Ms. Minoti Gomes Mr. Asraf Mandal …for the petitioner. Mr. Imran Ali Ms. Debjani Sahu …for the State.

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Petitioner prays for anticipatory bail.

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Learned Advocate appearing for the State submits that subsequent to the order dated January 17, 2023, the de facto complainant and her mother recorded statements under Section 164 of the Code of Criminal Procedure. She draws the attention of the Court to the copy of the statements recorded under Section 164 of the Code of Criminal Procedure of such two persons.

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It appears from such statements that, de facto complainant is residing at her matrimonial home for a period of one year. She claims that the disputes were solved.

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The police filed charge sheet.

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In such circumstances, we grant anticipatory bail to the petitioner.

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Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like

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amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

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The prayer for anticipatory bail of the petitioner is allowed.

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C.R.M. (A) 209 of 2023 is disposed of.

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(Debangsu Basak, J.)

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(Md. Shabbar Rashidi, J.)

Tafejul Sk@Mondal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Tafejul Sk@Mondal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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