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Calcutta High CourtCRM (A)/1017/2023allowed

Sanjay Kumar Das And ORS v. State Of West Bengal

2023-03-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

13.03.2023 Serial no. 85 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1017 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Durgapur Police Station Case No. 553 dated 17.11.2022 under Sections 498A/304B/34 of the IPC, and Sections 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Sanjay Kumar Das & Ors. ... ... Petitioners Mr. M. Sen, Ms. Meghla Das, Advocates ... ... For the Petitioners Mr. S.G. Mukherji, ld. PP Mr. Partha Pratim Das, Ms. Eshita Dutta, Advocates ... ...For the State Husband was granted bail by the jurisdictional Court. Petitioners before us are the brothers-in-law and their wives.

Apparently, the victim committed suicide.

Apparently, the petitioners are residing separately. Out attention was not drawn to any of the statements of any neighbours recorded under Section 161 of the Criminal Procedure Code implicating 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 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) 1017 of 2023 is disposed of.

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