Calcutta High CourtCRM (A)/3690/2022allowed

Bappa Ghosh @ Ganesh And ORS v. State Of West Bengal

2022-08-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

03.08.2022 Serial no.10 Aloke CRM (A) 3690 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 285 of 2022 dated 02.05.2022 under Sections 498A/304(B)/34 of the Indian Penal Code. -AndIn the matter of : Bappa Ghosh @ Ganesh & Ors. ... ... Petitioners Mr. Sumanta Das, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, ld. APP Ms. Mausumi Sarkar, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the husband is in custody. The petitioners were falsely implicated.

Learned Advocate appearing for the State draws the attention to the postmortem report of the victim and the statement of the neighbours amongst others recorded under Section 161 of the Code of Criminal Procedure. The postmortem report of the victim suggest that the victim died by committing suicide.

There are omnibus allegations as against the petitioners in the statement recorded under Section 161 of the Code of Criminal Procedure of the neighbours.

In such circumstances, 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 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 also be subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner nos. 1, 2 and 4 shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 3 will cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 3690 of 2022 is disposed of.

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