Biswanath Das And ORS. v. State Of West Bengal

02.07.2024 Court No.29 Item No. 7 Allowed sg CRM (A) 1932 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bizpur Police Station Case No. 115 of 2024 dated 03.06.2024 under Sections 498A/406/306 of the Indian Penal Code and Sections 3/4 of the D.P. Act, pending before the learned Additional Chief Judicial Magistrate, Barrackpore.

And In Re: Biswanath Das & Ors.

Petitioners Mr. Debasis Kar Mr. Arka Tilak Bhadra For the Petitioners Mr. Arnab Chatterjee MR. Abhinaba Mukherjee For the State 1.

The learned Counsel for the petitioners submits that the petitioners are the inlaws of the victim and the husband of the victim is presently in custody. It is submitted that they have been falsely implicated in the instance case. 2.

The learned Counsel for the State opposes the prayer for anticipatory bail. 3.

Considering the materials available in the case diary and the nature and complicity of the petitioners in the commission of alleged offence and also having regard to the fact that the allegations leveled against the present petitioners are prima facie omnibus in nature, we are of the view that custodial interrogation of the present petitioners is not necessary. 4.

Accordingly, we direct that in the event of arrest the petitioners namely, Biswanath Das, Archana Das, Raja Das, Bappa Das and Sunita Tanti, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two Signed By :

SANJIB GHOSH High Court of Calcutta 3 rd of July 2024 01:05:21 PM

sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to condition that the petitioner nos. 1, 3 and 4 shall meet the I.O. once in a week till the submission of the final report. All the petitioners shall cooperate with the investigation and shall not leave the jurisdiction of District North 24 Parganas without the permission of I.O and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners shall appear before the learned Additional Chief Judicial Magistrate, Barrakpore in connection with G.R. No. 3681/2024 within two weeks from date.

5.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 6.

CRM (A) 1932 of 2024 is, thus, disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)