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Calcutta High CourtCRM (A)/2779/2023allowed

Dulal Chandra Das @ Dulal 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) 2779 of 2023 07.08.2023 ML. 35 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 167 of 2023 dated 05.06.2023 under Sections 406/420/34 IPC.

And In the matter of: Dulal Chandra Das @ Dulal Das & Ors. ....petitioners.

Ms. Minoti Gomes Mr. Asraf Mondal Ms. Debjani Roy Choudhuri ...for the petitioners.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioners and the informant are stated to be co-sharers. Civil suit is stated to be pending in between the parties before the competent civil court. the present FIR has been filed by the informant on the allegation that the petitioners by forging document have taken the informant's share of the property.

3. Investigation is stated to have progressed substantially.

4. 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.

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) 2779 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.) (Partha Sarathi Sen, J.)