Uttam Das And ANR v. State Of West Bengal

C.R.M. (A) 2887 of 2022 (AD) 20.06.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goghat P.S. Case No.107 of 2020 dated 23/05/2020 under Sections 498A/302/34 of the Indian Penal Code, 1860, subsequently submitted charge sheet vide No.84 of 2022 dated 27.04.2022 under Sections 498A/306/34 of the Indian Penal Code, corresponding to G.R. Case No.486 of 2020.

And Court No.29 (Allowed) In the matter of: Uttam Das & Anr.

....petitioners.

Mr. Suman Chakraborty ...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra ...for the State.

Petitioners pray for anticipatory bail.

Considering the fact that the husband was enlarged on bail by the jurisdictional Court and considering the fact that the police filed charge sheet, inter alia, under Section 306 of the Indian Penal Code after conducting an investigation, inter alia, under Section 302 of the Indian Penal code and considering the dying declaration of the victim, we grant 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/- (Rupees Ten Thousand Only) 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 and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused

and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 2887 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)