Biswajit Biswas And ORS v. State Of West Bengal

06.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2075 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 320 of 2022 dated 26.04.2022 under Sections 341/323/325/307/506/34 of the Indian Penal Code.

And In Re : Biswajit Biswas & Ors.

...... petitioners Mr. Asraf Mondal ....for the petitioners Ms. Zareen N. Khan Md. Kutub Uddin ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. There was a dispute between the husband and wife. The petitioners belong to the family of the wife.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the medical report of the victim.

Considering the nature of injury suffered by the victim and considering the gravity of the offence and the involvement of the petitioners therein, 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. 2 (Bithika Biswas) and 3 (Kriya Biswas) shall cooperate with the Investigating Officer till the conclusion of the investigation and petitioner no. 1 (Biswajit Biswas) shall meet the Investigating Officer once in a fortnight 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.) (Kausik Chanda, J.)