Saheb Chakraborty & ANR v. State Of West Bengal

23.09.2020 CRM 6250 of 2020 Court No.8 (Via Video Conference) Item 35 (DL) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhaktinagar Police Station Case No. 698 of 2020 dated 11.08.2020 under Sections 306 of the Indian Penal Code. sg Saheb Chakraborty & Anr.

Allowed

Versus

The State of West Bengal Mr. Shibaji Kr. Das, Adv.

...for the Petitioners.

Mr. Nilay Chakraborty, Adv.

Mr. Tapan Bhattacharjee, Adv.

...for the State.

Learned Counsel appearing on behalf of the State has produced the memo of evidence.

The allegations are that the son of the de-facto complainant was forced to commit suicide as the de-facto complainant and his son were threatened with dire consequence by the petitioners who claimed themselves to be the recovery agents of SKS Micro Finance Company.

Learned counsel for the State opposes the prayer for bail and submits that the investigation is at the nascent stage and no charge-sheet has yet been filed. Having considered the materials on record as well as the extent of complicity of the petitioners in the commission of the alleged offence, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that they shall meet the

investigating officer twice in a week until further order. The application for anticipatory bail is, accordingly, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Saugata Bhattacharyya, J.) (Soumen Sen, J.)