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Calcutta High CourtCRM/7710/2021allowed

Prasenjit Mallick And ORS v. The State Of West Bengal

2021-11-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

29.11.2021 Serial no.41 Aloke (Through Video Conference) Ct. No. 29 CRM 7710 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16.11.2021 in connection with Nadanghat Police Station Case No. 289 of 2021 dated 05.09.2021 under Sections 498A/406 of the Indian Penal Code. -AndIn the matter of: Prasenjit Mallick & Ors. ... Petitioners Mr. Pratim Dasgupta, Advocate Mr. Amit Dey, Advocate ... ... For the Petitioners Mr. Sujan Chatterjee, Advocate ... ...For the State On the prayer of the learned Advocate appearing for the petitioners, the prayer for anticipatory bail is dismissed as not pressed for the petitioner no. 1 as he was arrested and subsequently granted bail by the jurisdictional Court. Learned Advocate appearing for the petitioners seeks anticipatory bail for the other petitioners.

Heard the learned Advocate appearing for the State. Considering the materials in the case diary and considering the gravity of the offences and the complicity of the petitioner nos. 2 to 4 and considering the fact that the petitioner no. 1 was granted bail by the jurisdictional Court, we are inclined to grant anticipatory bail to petitioner no. 2 to 4.

Accordingly, we direct that in the event of arrest, the petitioner nos. 2 (Jotinmoy Mallick), 3 (Jayanti Mallick) and 4 (Narayan Mallick) shall be released on anticipatory 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioner nos. 2 (Jotinmoy Mallick) and 4 (Narayan Mallick) shall meet the Investigating

Officer once in a month till the conclusion of the investigation and petitioner no. 3 (Jayanti Mallick) shall cooperate with the investigation and on further condition that the petitioner nos. 2 to 4 shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is partly allowed. CRM 7710 of 2021 is disposed of.

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