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Calcutta High CourtCRM/5834/2021allowed

Gopal Basu And ANR v. State Of West Bengal

2021-09-15Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

15.09.2021 Ct. No. 29 Aloke Allowed C.R.M. 5834 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26.08.2021 in connection with Baduria Police Station Case No. 301 of 2021 dated 05.06.2021 under Sections 306/34 of the Indian Penal Code.

And In the matter of : Gopal Basu & Anr.

... petitioners Mr. Angshuman Chakraborty, Advocate Mr. Shasankar Shekhar Saha, Advocate .....for the petitioners Mr. Sujan Chatterjee, Advocate ....for the State Mr. Satudru Lahiri, Advocate Mr. Safdar Azam, Advocate ... for the de facto complainant Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners are parents-in-law of the deceased. State and the de facto complainant are represented. Vakalatnama filed on behalf of the de facto complainant be taken on record.

Learned Advocate appearing for the State draws the attention of the Court to the suicidal note of the deceased. Learned Advocate appearing for the de facto complainant submits that the petitioners used to pressurise the deceased to part with the immovable property. Moreover, the wife of the deceased was having an illicit relationship.

Considering the facts and circumstances of the case and considering the contents of the suicidal note, 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/- 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 petitioner no. 1 shall meet the investigating officer once in a week until further orders and petitioner no. 2 shall cooperate with the investigation and they 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. C.R.M. 5834 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)