Sujit Kumar Das And ANR v. State Of West Bengal
24.08.2022 Ct. No. 29 KAUSHIK Partly Allowed C.R.M.(A) 4041 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwanpur Police Station Case No. 224 of 2022 dated 09.06.2022 under Sections 498A/323/326/307/376/511/ 506/34 of the Indian Penal Code, 1860.
And In Re : Sujit Kumar Das & Anr.
...... petitioners Mr. Amal Krishna Samanta ....for the petitioners Mr. Kanchan Roy Mr. R. A. Khan ....for the de-facto complainant Mr. Imran Ali Mr. M.F.A. Begg ....for the State Petitioners pray for anticipatory bail.
The police complaint was lodged within two years of marriage.
The allegations are mostly towards the first petitioner. In such circumstances, we are unable to grant anticipatory bail to the petitioner no. 1 (Sujit Kumar Das). Accordingly, the application for anticipatory bail is, thus, rejected so far as petitioner no. 1 is concerned. So far as the second petitioner is concerned, we grant anticipatory bail to the petitioner no. 2 (Sukumar Das).
Accordingly, we direct that in the event of arrest the petitioner no. 2 shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 condition that the petitioner no. 2 shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioner no. 2 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 no. 2 in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, partly allowed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)