Chhjabdar Ali Biswas @ Chhabdar Biswas And ORS v. State Of West Bengal
29.06.2022 Serial no.86 Aloke CRM (A) 3085 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No. 117 of 2022 dated 25.05.2022 under Sections 498A/302/34 of the Indian Penal Code. -AndIn the matter of : Chhabdar Ali Biswas @ Chhabdar Biswas & Ors.
... ... Petitioners Mr. Asraf Mandal, Advocate ... ... For the Petitioners Mr. Saswata Gopal Mukherjee, ld. PP Mr. Partha Pratim Das, Advocate Ms. Manasi Roy, Advocate ... ...For the State Petitioners seek anticipatory bail.
Learned Advocate appearing for the petitioners submits that the husband was taken into custody and is still in custody. Learned Advocate appearing for the State draws the attention to the postmortem report of the victim and to the statement of the neighbour recorded under Section 161 of the Code of Criminal Procedure.
Considering the omnibus nature of allegations as against the petitioners and considering the fact that the husband is still in custody, we are inclined to 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/- (Rupees Ten Thousand Only) 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 condition that the petitioner nos. 1 and 3 shall report before the Investigating Officer once in a fortnight till the conclusion of the
investigation and petitioner no. 2 will cooperate with the investigation and on further 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.
Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 3085 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)