Ibrahim Sk. And ORS. v. State Of West Bengal

09.06.2021 AJ.,ct 28 C.R.M. 2166 of 2021 Sl no. 32 ( Via Video Conference ) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 23.02.2021 in connection with Raghunathgunj P.S. Case No. 524 of 2020 dated 20.10.2020 under Sections 498A/304B/34 of the Indian Penal Code,1860.

And Allowed In Re : Ibrahim Sk. & Ors. ...... petitioners. Mr. Apan Saha.

...... for the petitioners.

Mr. Rana Mukherjee, Ms. Sukanya Bhattacharya, Mr. Nirupam Dhali. ...... for the State. This application for anticipatory bail has been filed apprehending arrest in connection with Raghunathgunj P.S. Case No. 524 of 2020 dated 20.10.2020 under Sections 498A/304B/34 of the Indian Penal Code.

It is submitted by the Counsel for the petitioners that the husband of the victim and the father-in-law are already on bail. The present application has been made by the brother-in-law, mother and sister-in-law of the victim.

This Court is of the view that custodial interrogation of the petitioners is not necessary since they have undertaken to cooperate with the investigation. Accordingly, in the event of arrest the petitioners shall be released on bail subject to satisfaction of conditions under Section 438(2) of Code of Criminal Procedure, 1973 and upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Investigating Officer until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioners shall not enter the jurisdiction of the concerned Police Station except for the purpose of investigation and shall provide the address where they shall reside while on bail to the Investigating

Officer and shall report to the Officer-in-Charge of the concerned Police Station within whose jurisdiction they shall reside once in a week until further orders. The petitioners shall surrender their passports to the Investigating Officer and if they do not possess a passport, shall submit an affidavit to that effect before the Investigating Officer.

In event of violation or breach of any of the conditions, this order shall be treated to be cancelled without further reference to this court.

Under those circumstances, the application for anticipatory bail being CRM 2166 of 2021 is, thus, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Biswajit Basu, J.) (Rajasekhar Mantha, J.)