Tapas Adhikary@Adhikari And ANR. v. State Of West Bengal
25.11.2021 CRM 6269 of 2021 Court No.29 Item No.138 (Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Memari Police Station Case No. 381 of 2021 dated 02.07.2021 under Sections 498(A)/306/34 of the Indian Penal Code;
Saswata And In the matter of : Tapas Adhikary @ Adhikari & Anr.
...Petitioners
Mr. Uday Sankar Chattopadhyay Mr. Santanu Maji Mr. Pronoy Basak Mr. Subhayu Das ...For the Petitioners Mr. Saibal Bapuli, APP Mr. Bibaswan Bhattacharya ...For the State.
Leave is granted to correct the cause title of the application. The petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated.
Learned advocate appearing for the State submits that police filed charge sheet, inter alia, under Section 306 of the Indian Penal Code. Considering the materials in the case diary, the gravity of the offence, the complicity of the petitioner, therein, and considering the fact that the police filed charge sheet, inter alia, under Section 306 of the Indian Penal Code, we grant anticipatory bail to the petitioner. The prayer for anticipatory is, thus, allowed. 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 subject to the
(Via Video Conference) CRM 4351 of 2021 D) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Digha Costal Mohana Police Station Case No. 10 of 2021 dated 18.03.2021 under Sections 420/406/506/34 of the Indian Penal Code.; a conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall And In the matter of : Om Prakash Yadav & Anr.
appear before the jurisidcitional Court on every date fixed and pray for
...Petitioners
regular bail within a period of four weeks from date. Mr. Samir Roychowdhury ...For the Petitioners (Debangsu Basak, J.) Mr. Md. Anwar Hossain Ms. Sreyashee Biswas Mr. Pratick Bose ...For the State.
(Bibahas Ranjan De, J.) The instant case is taken out of turn on the consent of both the parties.
Apprehending arrest in connection with Digha Costal Mohana Police Station Case No. 10 of 2021 dated 18.03.2021 under Sections 420/406/506/34 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
The learned Advocate for the petitioners submits that the instant case has been initiated against them in relation to a civil transaction when admittedly, the complaint is bereft of any ingredients concerning the charging Sections. It is submitted that an agreement for sale of a portion of the property was entered into with the petitioners and the de facto complainant and the entire consideration money was paid. The State opposes the prayer for bail and draws our attention to the complaint filed by the de facto complainant. After hearing respective counsels and on perusal of the complaint, we do not think that custodial interrogation of the petitioners is necessary and the petitioners may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioners