Calcutta High CourtCRM (A)/820/2023allowed

Sk Naousad Ali And ORS v. State Of West Bengal

2023-02-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

27.02.2023 Serial no. 08 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 820 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No. 67 of 2023 dated 31.01.2023 under Sections 498(A)/406/304(B) of the Indian Penal Code and under Section 4 of Dowry Prohibition Act, 1961. -AndIn the matter of : Sk. Naousad Ali & Ors. ... ... Petitioners Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Mr. Sourov Mondal, Advocates ... ... For the Petitioners Mr. Saswata Gopal Mukherji, ld. PP Mr. Aniket Mitra, Advocates ... ...For the State Three petitioners before us are the brothers-in-law of the victim.

The victim apparently committed suicide.

The allegations as against the petitioners as appearing from the statement recorded under Section 161 of the Criminal Procedure Code of neighbours are general and omnibus in nature.

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 petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation 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) 820 of 2023 is disposed of.

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