Ujir And ORS. v. State Of West Bengal

07.02.2022 Serial no.4 Aloke Ct. No. 29 CRM (A) 244 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05.07.2021 in connection with Ratua Police Station Case No. 46 of 2021 dated 31.01.2021 under Sections 448/376D/506 of the Indian Penal Code.

-AndIn the matter of : Ujir & Ors.

... ...Petitioners Mr. Soupal Chatterjee, Advocate ... ... For the Petitioners Mr. Md. Anwar Hossain, Advocate Ms. Sreyashee Biswas, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the present police complaint is a counter blast to the previous police complaint lodged by the petitioners against the husband of the de facto complainant.

Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the medical report. Considering the fact that there are cases and counter cases against the private parties and considering the fact that the petitioners being falsely implicated cannot be ruled out at this stage and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 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 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 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation

and on further condition that the petitioners shall appear before the Court below and prayer for regular bail within four weeks from date.

The prayer for anticipatory bail is allowed.

CRM (A) 244 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)