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Calcutta High CourtCRM/4654/2021allowed

Saikat Gayen And ANR. v. State Of West Bengal

2021-09-22Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

22.09.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 4654 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Serampore Police Station Case No. 88 of 2021 dated 05.03.2021 under Sections 420/419/406/384/385/376/120B of the Indian Penal Code, 1860.

And In Re : Saikat Gayen & Anr.

...... petitioners Mr. Avik Ghatak Mr. Saibal Dasgupta Mr. Rahul Gupta .....for the petitioners Mr. Amrita Chel Mr. Rajdeep Acharya .....for the de-facto complainant Mr. Prabir Roychowdhury Mr. Rudradipta Nandy ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioner submits that, there was a relationship between the petitioner no. 1 and the de-facto complainant. On such relationship, a police case was filed falsely implicating the petitioners. State and the de-facto complainant are represented. Considering the materials in the case diary and considering the fact that there was a relationship between the

petitioner no. 1 and the de-facto complainant, 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 conditions that the petitioners shall meet the investigating officer once in a fortnight till the conclusion of the investigation and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)