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Calcutta High CourtCRM (A)/67/2023allowed

Ejahar Momin And ANR v. State Of West Bengal

2023-01-10Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 67 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No.1657 of 2022 dated 02/11/2022 under Sections 498A/304B/302/34 of the Indian Penal Code (G.R. No.6829 of 2022).

And In the matter of: Ejahar Momin & Anr.

....petitioners.

Ms. Minoti Gomes Mr. Musharraf Alam Sk.

Ms. Susmita Ghorai ...for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Aniket Mitra ...for the State.

Petitioners pray for anticipatory bail.

(AD) 10.01.2023 Court No.29 (Allowed) The police are yet to conclude the investigations. The husband is in custody.

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

The petitioners are the in-laws of the victim. In such circumstances, we 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 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 will report before the

Investigating Officer once a week till the conclusion of the investigation and petitioner no. 2 will cooperate with the investigation till the conclusion of the investigation and on 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. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 67 of 2023 is disposed of.

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