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Calcutta High CourtCRM/6568/2021allowed

Siromoni Samanta And ORS. v. State Of West Bengal

2021-11-10Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

10.11.2021 Serial no. 43 Aloke Ct. No. 29 (Through Video Conference) CRM 6568 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.09.2021 in connection with Tarakeswar P.S. Case No. 62 of 2007 dated 30.05.2007 under Sections 406/409/420/467/120B of the Indian Penal Code. -AndIn the matter of: Siromoni Samanta & Ors. ... Petitioners Mr. Shiladitya Banerjee, Advocate ... ... For the Petitioners Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Five several criminal complaints were lodged against the petitioners. In two of such criminal complaints the petitioners were acquitted. There was initially a stay granted by the revisional court with regard to the present police complaint. However, such stay was subsequently vacated. The criminal complaint is of 2007.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and considering the fact that the allegations are largely based on documentary evidence, 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 anticipatory 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 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 report before the investigating officer once in a month.

The prayer for anticipatory bail is allowed.

CRM 6568 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)