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Calcutta High CourtCRM (A)/28/2023allowed

Nani Gopal Giri And ORS v. State Of West Bengal

2023-01-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

06.01.2023 Serial no.11 Aloke CRM (A) 28 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ramnagar Police Station Case No. 423 of 2022 dated 21.09.2022 under Sections 498A/323/304B/34 of the Indian Penal Code and Sections 3 & 4 Dowry Prohibition Act.

-AndIn the matter of : Nani Gopal Giri alias Nani & Ors. ... ... Petitioners Mr. Pravas Bhattacharyya, Advocate ... ... For the Petitioners Mr. Bidyut Kr. Roy, Advocate Ms. Rita Datta, Advocate ... ...For the State Petitioners seek anticipatory bail.

Police filed charge-sheet.

The husband was arrested and granted bail by the jurisdictional Court.

Apparently, the allegations as against the petitioners are omnibus and general in nature.

In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 28 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)