Calcutta High CourtCRM (A)/714/2022allowed

Innuch Shaikh @ Unuch Sk And ORS v. State Of West Bengal

2022-02-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

14.02.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 714 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 45 of 2022 dated 29.01.2022 under Sections 498A/307/34 of the Indian Penal Code, 1860.

And In Re : Innuch Shaikh @ Unuch Sk. & Ors.

...... petitioners Mr. Asraf Mondal ....for the petitioners Ms. Debjani Sahu ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. The complaint was lodged 21 days after the alleged incident.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.). It appears from the report that there is no injury report of the victim.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the materials in the case diary, 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/- 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. 1 and 2, Innuch Shaikh @ Unuch Sk. and Jinnat Sk. respectively shall meet the Investigating Officer once in a month till the conclusion of the investigation and the petitioner no. 3 i.e. Sabera Bibi @ Chabera Bibi shall cooperate with the Investigation till the conclusion of the investigation and on condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)