Sumon Das v. State Of West Bengal

20.09.2023 D/L 6 Ct. No.29 (Allowed) (SKB) CRM (A) 3257 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Khejuri P. S. Case No.118 of 2022 dated 13.04.2022 under Sections 498A/304B/34 of the Indian Penal Code and Section 4 of the D.P. Act and Sections 9/11 of the Prohibition of Child Marriage Act (G.R. No.702 of 2022) .

In the matter of : Sumon Das ... Petitioner Mr. Indrajit Chatterjee ... for the petitioner Mr. Debabrata Chatterjee, ld. APP Ms. Mausumi Sarkar ... for the State

1. Heard learned advocates for the parties.

2. The petitioner seeks parity with a co-accused Pradip Das, who has been enlarged on anticipatory bail vide order dated 07.06.2023 as passed in CRM(A) 2164 of 2023. The present petitioner is the son of the said Pradip Das and the brother-in-law of the deceased.

3. It is fairly submitted at the Bar that the accused petitioner is almost in similar footing with the co-accused Pradip Das.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence, ground of parity and completion of investigation, it is directed that the

petitioner shall surrender before the learned ACJM, Contai, Purba Medinipur, in G.R. No.702 of 2022 arising out of the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM(A) 3257 of 2023 is disposed of.

7. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)