30.04.2025 Court No.28 Item No.141 tbsr CRR 1639 of 2025 In the matter of: Anjali Mukherjee & anr.

….Petitioners.

Mr. Uday Sankar Chattopadhyay Ms. Rajashree Tah Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Bidisha Chakraborty ….for the petitioners Mr. Ashok Das ….for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in a instant case. On 15.02.2025 the learned Sessions Judge, Purba Bardhaman was pleased to grant interim anticipatory bail to the petitioners, inter alia, on the condition that the petitioners would make payment of money in question in the meantime. This condition cannot be imposed on the accused. A criminal proceeding cannot be instituted for recovery of money. Therefore, the order of grant of anticipatory bail will be sustained without the said condition to make payment of money. Reliance is placed on the decision of the Hon’ble Apex Court in this regard in Mursaleen Tyagi Vs. The State of Uttar Pradesh & Anr. reported at 2023 Live Law (SC) 700, Udho Thakur & Anr. Vs. State of Jharkhand & Anr. reported at (2023) 15 Supreme Court Cases 822 and Sumit Mehta Vs. State (NCT of Delhi) reported at (2013) 15 SCC