Dilip Shil And ORS v. State Of West Bengal

23.02.2023 Serial no. 26 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 814 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No. 417 of 2022 dated 29.12.2022 under Sections 498A/304B of the Indian Penal Code.

-AndIn the matter of : Dilip Shil & Ors.

... ... Petitioners Mr. Amitava Karmakar, Mr. Arup Kr. Bhowmick , Advocates ... ... For the Petitioners Mr. Saswata Gopal Mukherji, ld. PP Mr. Aniket Mitra, Advocates ... ...For the State Apparently, the victim committed suicide.

The husband is still in custody.

The investigations are yet to be concluded.

The materials in the case diary do not suggest requirement of custodial interrogation of the petitioners. 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. 1 and 5 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 2, 3 and 4

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) 814 of 2023 is disposed of.

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