Calcutta High CourtCRM/7838/2021allowed

Urmila Devi @ Urmila Tiwari And ORS v. The State Of West Bengal

2021-12-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

17.12.2021 sdas Allowed C.R.M. 7838 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Belur Police Station Case No. 197 of 2021 dated 03.09.2021 under Sections 498A/406/506/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

And In Re : Urmila Devi @ Urmila Tiwari & Ors. ...... petitioners Mr. Biswajit Manna .....for the petitioners Mr. Sujan Chatterjee ....for the State Mr. Soumya Basu Roy Chowdhury .... For the defacto complainant Learned Counsel appearing for the petitioners submits that they are in-laws of the victim housewife and have been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes prayer for anticipatory bail.

Leaned Counsel appearing for the defacto complainant submits that the husband of the victim housewife is still absconding.

In reply, it is submitted that he has preferred an application for anticipatory bail which is pending before this Court.

We have considered the materials on record. Allegations against the petitioners are general and omnibus in nature. Keeping in mind the aforesaid facts and the extent of complicity of the petitioners in the alleged crime, we are of the opinion that custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail. 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 further conditions that the petitioners shall appear before the court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)