Debabrata Pal And ORS v. State Of West Bengal

21.03.2022 Serial no. 105 [Dd] (Anticipatory Bail Allowed) CRM (A) 768 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Beguiati Police Station Case No. 630 of 2021 dated 28th December, 2021 under Sections 498A, 406,120B of the IPC & Sections 3 and 4 of Dowry Prohibition Act.

-AndIn the matter of : Sri Debabrata Pal & Ors. ... ... Petitioners Mr. Anujit Mookherji, Advocate ... ... For the Petitioners Mr. Abhra Mukherjee, Mr. Dipankar Mahata, Advocates ... ...For the State Mr. Rabindra Narayan Dutta, Mr. Kaushik Bhattacharyya, Advocates .. ...For the de facto complainant Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that a complaint was lodged in Bangaluru against the petitioners where they obtained an order for anticipatory bail. The present complainant was lodged subsequently. Learned advocate appearing for the State submits that the petitioners are not compiling with the notices under Section 41A of the Criminal Procedure Code.

Considering the fact that the petitioners were already enlarged on anticipatory bail in the previous police complaint and the present police complaint is also, inter alia, under Section 498A of the Indian Penal Code, 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 petitioners shall report before the Investigating Officer at such time and place as may be specified by the Investigating Officer till the conclusion of the investigation and on further condition that the petitioners shall appear every day 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) 768 of 2022 is disposed of.

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