Uma Kant Jaiswal And ANR v. State Of West Bengal

18.05.2021 SL No.37 Court No.28 (gc) CRM 1204 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Rajarhat Police Station Case No.398 of 2020 dated 15.12.2020 under Sections 417/376/120B of the Indian Penal Code. And In the matter of : Uma Kant Jaiswal & Anr.

- Petitioners Mr. Sujoy Sarkar, ... For the Petitioners.

Mr. Rana Mukherjee, A.P.P., Mr. Suman De, ... For the State.

The petitioners are the parents of the principal accused Nitin Jaiswal who was arrested and was in judicial custody and thereafter he was granted interim bail on 24th March, 2021 which was confirmed on 20th April, 2021. Having regard to the nature and extent of involvement of the petitioners who are parents of Nitin Jaiswal in the commission of alleged offence and also having regard to the fact that the charge-sheet has already been filed, we are of the considered opinion that the custodial interrogation of the petitioners is not required. Accordingly, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Uma Kant Jaiswal and Phool Kumari Jaiswal, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, 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.

With the aforesaid observation, the application for anticipatory bail, being CRM No.1204 of 2021 is, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Suvra Ghosh, J.) (Soumen Sen, J.)