Swapan Kumar Das @ Swapan Das And ANR. v. The State Of West Bengal

12.06.2024 SL No.363 Court No.29 TN (Allowed) CRM (A) 1882 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Kalyani Police Station Case No.187 of 2024 dated 14.03.2024 under Sections 498A/304B/302/34 of the Indian Penal Code. And In the matter of : Swapan Kumar Das alias Swapan Das and another.

- petitioners.

Ms. Minoti Gomes ....for the petitioners.

Mrs. Faria Hossain, Ld. APP, Mr. Dipankar Mahata ... for the State.

1. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the victim. It is submitted that the petitioners have been falsely implicated.

2. The learned Counsel for the State in opposing the prayer has submitted that the husband and his parents inflicted mental torture upon the victim that had resulted in her committing dismissal within one year of marriage. In this regard, reliance has been placed upon the statement of the neighbours recorded under Section 161 of the Criminal Procedure Code.

3. Considering the materials available in the case diary and the involvement of the petitioner in the commission of the alleged offence and having regard to the fact that charge sheet has already been filed, custodial interrogation of the petitioners is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Swapan Kumar Das alias Swapan Das and Aparna Das alias Arpita Das shall be released on bail upon furnishing a bond of Rs.10,000/- 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. It is further directed that the present accused petitioners shall appear before the learned trial court within two weeks from date and shall attend the court on each and every date of hearing.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)