Debnath Pahari v. State Of West Bengal

10.06.2022 cm/ct 28 C.R.M.(A) 2521 of 2022 sl no. 111 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Egra P.S. Case No. 32 of 2022 dated 12.01.2022 under Sections 498A/323/325/307/376/506/511/34 of the Indian Penal Code And Allowed In Re : Debnath Pahari ..... petitioner Mr. Dipayan Kundu Mr. Soumya Sankar Chini ...... for the petitioner Ms. Sreeparna Das ...... for the State Petitioner is the brother-in-law of the victim housewife. It is submitted on behalf of the petitioner that there is delay in lodging the First Information Report. It is further submitted that he has been falsely implicated in the instant case due to matrimonial discord.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and keeping in mind the nature of the allegations in the light of the submissions and there is delay in lodging the First Information Report and as possibility of false implication of the petitioner due to matrimonial discord cannot be wholly ruled out, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2521 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)