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Calcutta High CourtCRM (A)/1166/2023allowed

Buchi Chakraborty Alias Kakali Ghoshal And ANR v. State Of West Bengal

2023-03-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.03.2023 Serial no. 09 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1166 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 221 of 2023 dated 01.03.2023 under Sections 498A/304B/34 of the IPC and sections 3/4 of Dowry Prohibition Act.

-AndIn the matter of : Buchi Chakraborty @ Kakali Ghoshal & Anr. ... ... Petitioners Ms. Minoti Gomes, Ms. Chandrima Debnath, Advocates ... ... For the Petitioners Mr. Saswata Gopal Mukherji, ld. PP Ms. Sreeparna Das, Advocates ... ...For the State Report of the Superintendent of Police and the District Magistrate filed in Court be taken on record. It appears from such reports that police personnel were lax in collecting the postmortem report. Apparently, police authorities took steps against the erring police personnel. It appears from the postmortem report that the victim committed suicide.

The materials in the case diary as against the petitioner apparently are omnibus and general 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 cooperate with the investigations till its conclusion 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) 1166 of 2023 is disposed of.

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