Chanchala Biswas And ORS v. State Of West Bengal

29.07.2022 Serial no. 07 [Dd] (Anticipatory Bail) (Allowed) Serial No. 11 (Anticipatory bail) (Dismissed) CRM (A) 3270 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dhantala Police Station Case No. 175 of 2022 dated 26.03.2022 under Sections 498A/325/313/406/34 of the Indian Penal Code. -AndIn the matter of : Chanchala Biswas & Ors. ... Petitioners CRM (A) 3457 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dhantala Police Station Case No. 175 of 2022 dated 26.03.2022 under Sections 498A/325/313/406/34 of the Indian Penal Code. -AndIn the matter of : Nepal Biswas ... Petitioners Mr. Prabir Majumder, Mr. Snehansu Majumder, Advocates ... For the Petitioners Mr.

Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra, Advocates ... For the State in CRM (A) 3270 of 2022 Mr. Avishek Sinha, Advocate .. For the State in CRM (A) 3457 of 2022 In re : CRM (A) 3270 of 2022 Two applications are taken up for consideration analogously as they emanate out of the same police case. Considering the omnibus nature of allegations against the petitioners, 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/- (Rupees Ten Thousand Only) 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 petitioners shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 3270 of 2022 is disposed of.

In Re : CRM (A) 3457 of 2022 Supplementary affidavit filed in Court be taken on record. Considering the fact that police complaint was lodged within 6 years of marriage and that the petitioner being the husband of the de facto complaint and the nature of allegations as against the petitioner, we are unable to grant him anticipatory bail.

CRM (A) 3457 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)