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Calcutta High CourtCRM (A)/3794/2022allowed

Priyanka Mukherjee @ Mukhopadhyay v. State Of West Bengal

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

C.R.M. (A) 3794 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mogra Police Station Case No. 184 of 2022 dated 10.06.2022 under Sections 323/420/406/468/471/34/120B of the Indian Penal Code, 1860.

And In the matter of: Priyanka Mukherjee @ Mukhopadhyay ....petitioner.

Mr. Soumik Ganguly Mr. Komal Singh Mr. Somesh Ghosh ...for the petitioner.

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

08.08.2022 Sl.24 Court No.29 (AD) (Allowed) Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. There is no evidence that the so-called heirship certificate was used before any authority. Moreover, there are civil disputes pending. Learned Advocate appearing for the State submits that the petitioner as the Pradhan issued two heirship certificates containing the names of different heirs of the deceased. There is a civil dispute pending between the private parties.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the

petitioner will report before the Investigating Officer as and when called for till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 3794 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)