Francis Biswas @ Fransish @ Faranshis @ Froncis Biswas And ANR v. State Of West Bengal
21.08.2023 (M/L 238) Ct. No.29 Allowed (SKB) CRM (A) 3035 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.558 of 2023 dated 16.07.2023 under Sections 498A/306/34 of the Indian Penal Code.
In the matter of : Francis Biswas @Fransish @Faranshis @Froncis Biswas and another ... petitioners Mr. Amanul Islam, Mr. Sourav Mukherjee ... for the petitioners Mr. Imran Ali, Ms. Debjani Sahu ... for the State
1. Heard the learned Counsel for the parties.
2. Petitioners are father-in-law and mother-in-law of the deceased, who admittedly has committed suicide after about 11 years of her marriage.
3. There are statements of the neighbours of the petitioners regarding physical and mental torture of the deceased in the hands of the petitioners and others. But such allegation is quite omnibus in nature.
4. Regard being had to such facts and submissions, 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 by the Arresting Officer in the event of their arrest 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:
i) The petitioner no.1 is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.
ii) The petitioner no.2 being a lady is directed to appear before the IO for the purpose of investigation as and when required from sunrise to sunset.
5. Accordingly, the prayer for the anticipatory bail is allowed.
6. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.
7. The application being CRM(A) 3035 of 2023 is disposed of.
8.
The Arresting Officer is hereby directed to act upon the server copy of this order.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)