Calcutta High CourtCRM (A)/226/2023allowed

Gita Devi Sharma And ORS v. State Of West Bengal

2023-01-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.01.2023 Serial no. 21 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 226 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with G.R. Case No. 5789 of 2022 arising out of Nischinda Police Station Case No.

of dated 14.10.2022 under Sections 493/376/417 and 34 of the Indian Penal Code.

-AndIn the matter of : Gita Devi Sharma & Ors. ... ... Petitioners Mr. Ravi Ranjan Kumar, Advocate ... ... For the Petitioners Ms. Sayanti Santra, Advocate ... ...For the State The principal accused was enlarged on bail by this Hon'ble Court. The family members of the principal accused are before us.

Apparently, there was a physical relationship between the principal accused and the victim on the promise of marriage.

Both the victim and the principal accused are adults. We do not find any necessity of the family members of the principal accused being taken into custody. In such circumstances, 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 also be 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 nos. 4 and 6 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 1, 2, 3, 5, 7 shall cooperate with the investigation till its completion and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 226 of 2023 is disposed of.

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