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Calcutta High CourtCRM/6172/2021allowed

Hira Nandi @ Hira And ANR v. State Of West Bengal

2021-12-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

16.12.2021.

52.

as (Allowed).

C.R.M. 6172 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat P. S. Case No.190 of 2021 dated 02.07.2021 under Sections 302/34 of the Indian Penal Code .

In the matter of : Hira Nandi @ Hira & Anr.

... Petitioners.

Ms. Sananda Bhattacharyya.

...for the Petitioners.

Mr. Partha Pratim Das, Mrs. Manasi Roy.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that there is no direct evidence connecting the petitioners with the alleged crime.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail. He submits petitioners were last seen with the deceased.

We have considered the materials on record.

Involvement of the petitioners in the alleged crime has transpired from the statement of the co-accused Rana Ghosh. There is no other corroborative evidence supporting the said statement. Investigation is complete. In view of the slender materials on record connecting the petitioners with the alleged crime, we are of the opinion that they may be granted 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)