Joy Das@Jagadish Das And ORS v. State Of West Bengal

07.10.2021 Serial no. 73 Aloke Ct. No. 29 (Through Video Conference) CRM 4241 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.06.2021 in connection with Ghola Police Station Case No. 38 of 2021 dated 16.01.2021 under Section 302/34 of the Indian Penal Code. -AndIn the matter of: Joy Das @ Jagadish Das & Ors. ... Petitioners Mr. Saryati Datta, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the first information report was lodged six months after the incident. The petitioners are falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the postmortem report as also to the inquest report. Considering the postmortem report and the inquest report, 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 anticipatory 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 the petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date and with a further condition that the petitioners shall appear before the investigating officer once in a month until further orders. The prayer for anticipatory bail is allowed.

CRM 4241 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)