Calcutta High CourtCRM (A)/1893/2022allowed

Rabin Pal And ORS v. State Of West Bengal

2022-04-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

27.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1893 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No. 105 of 2022 dated 25.03.2022 under Sections 498A/306/34 of the Indian Penal Code, 1860 and Sections 3/ 4 of the Dowry Prohibition Act. And In Re : Rabin Pal & Ors.

...... petitioners Ms. Karabi Roy ....for the petitioners Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Aniket Mitra ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband is in custody. The allegations against the petitioner are omnibus in nature.

Learned advocate appearing for the State draws the attention of the Court to the post mortem report and the materials in the case diary.

Considering the nature of allegations made against the petitioner and considering the fact that the husband is still in custody and considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the

materials in the case diary, we 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/- 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, 2 and 5, Rabin Pal, Harekrishna Pal and Basudeb Pal respectively shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 3 and 4, Ganga Pal and Bharati Pal respectively shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear every day 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)