Prem Chand Biswas And Another v. State Of West Bengal

CRM No.134 of 2021 14.01.21 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Gazole Police Station Case No.441 of 2020 dated 29.09.2020 under Sections 498A/232/325/307 of the Indian Penal Code (G.R. Case No.4227 of 2020);

(S.R.) Sl.128 Ct.28 And In re:

Prem Chand Biswas & Anr.

... petitioners.

Mr. Kalloll Mondal Mr. Musharraf Alam Sk.

Ms. Amrita Chel ... for the petitioners.

Mr. Pratick Bose ...for the State.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the criminal proceedings and there are no incriminating materials against them. The petitioners' son had already been granted bail on 9th October, 2020. The learned advocate appearing for the State respondent opposes the petitioners' prayer and places before us the case diary. Having heard the learned advocates and upon considering the materials in the case diary, the injury report, the documents pertaining to the medical treatment and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial detention of the petitioners is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Prem Chand Biswas and Belarani Biswas, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, 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 further condition that the petitioner no.1 shall meet the investigating officer once in a week on and from 21st January, 2021, until further orders. Accordingly, the application for anticipatory bail being CRM No.134 of 2021 is allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)