Calcutta High CourtCRM (A)/2524/2023allowed

Ayan Bhattacharyya And ORS v. State Of West Bengal

2023-07-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray3 pages

C.R.M. (A) 2524 of 2023 12.07.2023 Sl. 14 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bidhannagar (North) Police Station Case No. 93 of 2023 dated 11.06.2023 under Sections 498(A)/406 IPC corresponding to G.R. Case No. 586 of 2023.

And In the matter of: Ayan Bhattacharyya & Ors.

....petitioners.

Mr. Swapan Kr. Nandi Mr. Niladri Sekhar Ghosh Mr. Debjyoti Ghosh Ms. Sampurna Chatterjee Mr. Sizan Nandi Mr. Sourav Mondal ...for the petitioners.

Mrs. Anasuya Sinha Mrs. Subhasree Patel ... for the State.

1. Heard learned Counsel for the parties.

2. Petitioners are stated to be the husband, father-in-law and mother-in-law of the victim.

3. The investigation is stated to have progressed substantially. Only allegation by the State is that the petitioners did not comply with a notice issued to them under Section 41A Cr.P.C.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of offence and substantial progress in the investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including

the conditions that (i) the petitioner nos. 1 and 2 shall appear before the I.O. once in a fortnight on the day and time fixed by the I.O. till submission of F.F.; (ia) petitioner no. 3 being a lady, shall appear before the I.O. as and when required for the purpose of investigation and this condition shall be effective till the submission of F.F.; (iii) they shall not threaten, induce or coerce the informant or any other witness of this case during the currency of this order.

5. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 2524 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)