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Calcutta High CourtCRM/6669/2021allowed

Sudha Pandey And Another v. State Of West Bengal

2021-12-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. 6669 of 2021 (Via Video Conference) (AD) 23.12.2021 Court No.29 ( Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shyampukur P.S.

Case No.

dated 09/09/2021 under Sections 120B/420/406/467/468/506 of the Indian Penal Code. And In the matter of: Sudha Pandey & Anr.

....petitioners.

Mr. Bibaswan Bhattacharyya Mr. Priyam Mitra ...for the petitioners.

Md. Kutub uddin ...for the State.

Mr. Mahesh Lal Sharma ... for the de facto complainant.

Petitioners seek anticipatory bail.

Supplementary affidavit filed on behalf of the petitioners be kept on record.

Learned Advocate appearing for the petitioners submits that there is a civil suit pending between the parties in relation to a deed of gift. As a counter-blast, criminal compliant was filed. Learned Advocate appearing for the State refers to the case diary.

The de facto complainant is represented.

Considering the fact that there is a civil suit pending in respect of a deed of gift and considering the fact that the civil suit filed prior to the criminal complaint lodged and considering the gravity of the offence and complicity of the petitioners therein, we 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/- each with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.2 shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no.1 will cooperate with the investigation and that they shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. 6669 of 2021 is, thus, disposed of.

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