Sudip Sarkar And ORS v. State Of West Bengal

14.01.2021 Court No.28 rpan / 196 C.R.M. 169 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Sudip Sarkar & Others

...Petitioners.

Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee ....for the petitioners.

Ms. Kum Kum Mitra ....for the State.

Apprehending arrest in connection with Belur P. S. case no.250 of 2020 dated 21.12.2020 under Sections 498(A) of the Indian Penal Code, the petitioners have filed the present application.

The learned advocate appearing for the petitioners submits that marriage of the petitioner no.1 was solemnized in the year 2011. The petitioner no.2 and the petitioner no.3 are respectively the mother-in-law and the father-in-law of the complainant. They have been falsely implicated in the proceeding and there are no incriminating materials and as such, their custodial detention is not necessary. The learned advocate appearing for the State opposes the petitioners' prayer.

Having heard the learned advocates and upon considering the materials in the case diary, the nature of allegations, we are of the opinion that custodial detention of the petitioners is not necessary.

Accordingly, we allow the application and direct that in the event of arrest the petitioners, viz., Sudip Sarkar, Kalpana Sarkar and Dhirendranath Sarkar, 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 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 with the Investigating Officer once a week on and from 25.01 2021, until further orders. The application for anticipatory bail, being CRM 169 of 2021, is, thus, disposed of.

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