Calcutta High CourtCRM (A)/3275/2022allowed

Rabi Nonia v. State Of West Bengal

2022-07-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

19.07.2022 Serial no.6 Aloke CRM (A) 3275 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Asansol (South) Police Station Case No. 54 of 2022 dated 10.02.2022 under Sections 498A/302/304B/201/120B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. -AndIn the matter of : Rabi Nonia & Ors.

... ... Petitioners Mr. Apurba Kr. Datta, Advocate Mr. Gopal Chakraborty, Advocate ... ... For the Petitioners Mr. Saswata Gopal Mukherjee, ld. PP Mr. Aniket Mitra, Advocate ... ...For the State Leave granted to the learned Advocate appearing for the petitioners to correct the cause title.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. He refers to the relationship of the petitioners with the deceased. He states that the police filed charge-sheet. The husband and the parents-inlaw of the deceased are still in custody. Since the police filed charge-sheet custodial interrogation of the petitioners are not required.

Considering the fact that police filed charge-sheet and considering the involvement of the petitioners as transpiring from the materials in the case diary, 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 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) 3275 of 2022 is disposed of.

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