Calcutta High CourtCRM (A)/2778/2023allowed

Nilotpal Biswas And ORS v. State Of West Bengal

2023-08-07Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2778 of 2023 07.08.2023 ML. 34 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip Police Station Case No. 258 of 2023 dated 17.05.2023 under Sections 498A/306/34 IPC.

And In the matter of: Nilotpal Biswas & Ors.

....petitioners.

Mr. Prasenjit Debnath Ms. Punam Basu Ms. Pritha Biswas ...for the petitioners.

Mr. Tanmoy Kr. Ghosh, Ld. SGA Ms. Sonali Bhar ...for the State.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by them including the statement of the parents of the deceased who admittedly has died a suicidal death.

3. The present petitioners are father-in-law, brother-in-law and uncle-in-law of the deceased. From the statement of the witnesses, it is found that there is omnibus allegation against the present petitioner so far as torture and harassment of the deceased on account of demand of dowry is concerned.

4. Investigation is stated to have progressed substantially.

5. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer 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 petitioners are directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) the petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

6. 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.

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

8. The application being CRM (A) 2778 of 2023 is disposed of.

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

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)