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Calcutta High CourtCRM/5883/2020allowed

Shilpi Shil & ORS. v. State Of West Bengal

2020-09-03Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

03.09.2020 b.das CRM 5883 of 2020 With IA No. CRAN/1/2020 (Old. No.CRAN 4302 of 2020) (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Basirhat P.S. Case No.26/2019 dated 25.03.2019 under Section 493/376/417/120B/420/406 of the Indian Penal Code. And In the matter of: Shilpi Shil & Ors.

....Petitioners.

Mr. Sarwar Jahan ...for the Petitioners.

Mr. Binay Panda Mr. Subham Kanti Bhakat ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The application being CRAN 4302 of 2020 is disposed of. It is submitted on behalf of the petitioner that there is delay in lodging the First Information Report. It is further submitted that the incident is domestic dispute between the de facto complainant and the co-accused, Maran Shil.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record and keeping in mind the extent of complicity of the petitioners, that is, the relations of the

principal accused , we are inclined to allow the prayer for pre-arrest bail of the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners 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.

The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)