Md. Yeasin Ali And Another v. State Of West Bengal

14.01.2021 Item No.147 Ct.No.28 s.d.

Allowed C.R.M. 164 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Md. Yeasin Ali and anr.

... Petitioners.

Mr. Ayan Basu Mr. Gautam Banerjee Mr. Sourav Bera Mr. Sumit Routh ... For the Petitioners.

Mr. S. G. Mukherji, PP Ms. Sayanti Santra ... For the State. Apprehending arrest in connection with Sutahata Police Station Case No. 68 of 2020 dated 17-05-2020 under Sections 498A/302/304B/34 (G. R. Case No.409/2020) of the Indian Penal Code, the petitioners have filed the instant application.

Learned advocate appearing for the petitioners submits that the petitioner no.1 is the father-in-law and the petitioner no.2 is the mother-in-law of the deceased. The petitioners have been falsely implicated in the criminal proceedings. The husband of the deceased was granted

statutory bail and the brother-in-law and the sister-in-law were granted anticipatory bail by the learned Sessions Court. Ms. Santra, learned advocate appearing for the State opposes the petitioners' prayer and submits that the investigation of the case is not yet complete and charge sheet is yet to be filed.

Having heard the learned advocates and considering the materials in the case diary, the post mortem report and the fact that several in-laws have already been enlarged on bail, we are of the opinion that custodial detention of the petitioners is not necessary. Accordingly, we allow the application for anticipatory bail and 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, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioner no. 1 shall meet the Investigating Officer of the case once a week on and from 21st January, 2021, until further orders.

The application for anticipatory bail, being CRM 164 of 2021 is, thus, disposed of.

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