Calcutta High CourtCRM (A)/3014/2022allowed

Sanjit Sarkar And ORS v. State Of West Bengal

2022-06-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

27.06.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3014 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No. 133 of 2022 dated 11.04.2022 under Sections 306/34 of the Indian Penal Code, 1860.

And In Re : Sanjit Sarkar & Ors.

...... petitioners Mr. Prabir Majumdar ....for the petitioners Mr. Debabrata Chatterjee Ms. Mousumi Sarkar ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the post mortem report and to the statement of the brother of the victim recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.). In the 161 Cr.P.C. statement of the brother of the victim, it is claimed that there was a relationship between the victim and the petitioner no. 3.

Considering the post mortem report of the victim, the 161 Cr.P.C. statement of the brother of the victim, we deem it appropriate to enlarge the petitioners on anticipatory bail. 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 condition that that the petitioner nos. 1 (Sanjit Sarkar) and 3 (Subhankar Sarkar) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no.

2 (Renuka Sarkar) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)