Bidhan Chandra Tikadar And ORS v. State Of West Bengal

C.R.M. (A) 496 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Singur P.S. Case No.488 of 2022 dated 21/11/2022 under Sections 498(A)/313/307/406/504/506 of the Indian Penal Code read with Section 4 of D.P. Act being GR. Case No.1945/2022. And In the matter of: Bidhan Chandra Tikadar & Ors. ....petitioners.

Mr. Bibaswan Bhattacharyya Mr. Amal Kumar Saha Ms. Iresh Paul Mr. Soumyadip Panda ...for the petitioners.

Mr. Gautam Banerjee ...for the State.

The in-laws pray for anticipatory bail.

(AD) 08.02.2023 Court No.29 (Allowed) It is contended on behalf of the petitioners that the husband was granted bail by the Coordinate Bench on February 6, 2023 passed in CRM (DB) 446 of 2023.

The third petitioner is the sister-in-law and is a resident of the State of Tamil Nadu.

State is represented.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. The husband was enlarged on bail by the Coordinate Bench on February 6, 2023, inter alia, on the ground that, the allegation of forcible abortion was not supported by medical documents.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein, 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 fortnight till the conclusion of the investigation and petitioner nos.2 and 3 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) 496 of 2023 is disposed of.

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