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Calcutta High CourtCRM (DB)/1675/2022allowed

Hidat Ali Sk v. State Of West Bengal

2022-06-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

15.06.2022 SL No.143 Ct. 28 Saswata CRM (A) 2699 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Tamluk P.S. Case No. 1083/2021 dated 25.12.2021 under Sections 302/120B of the Indian Penal Code.

And In the matter of: Prodyot Dinda & Ors.

....Petitioners Mr. Subimal Ghorai ...for the Petitioner Mr. Saswata Gopal Mukherjee, PP Mr. Aniket Mitra ...for the State.

We have considered the materials on record. Victim died due to suicidal hanging improbabiliting the charge of murder. The victim also did not leave behind any suicide note. There is delay in lodging the First Information Report. In such circumstances, we are of the opinion the petitioner may be granted anticipatory bail.

The prayer for anticipatory bail is thus allowed. 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 one of whom must be local, 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 and on further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)