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Calcutta High CourtCRM (A)/4066/2022allowed

Bina Kundu (Das) v. State Of West Bengal

2022-08-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

25.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4066 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Islampur Police Station Case No. 444 of 2022 dated 23.06.2022 under Sections 306/109 of the Indian Penal Code, 1860.

And In Re : Bina Kundu (Das) & Anr.

...... petitioners Mr. Amit Roy Mr. Soupal Chatterjee ....for the petitioners Mr. N. A. Agarwal Mr. Pratick Bose ....for the State The post mortem report of the victim suggest that the victim committed suicide.

There is a delay of 72 days from the date of the incident and the lodgment of the First Information Report. In such circumstances, considering the materials in the case diary, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 condition that the petitioners shall cooperate with the Investigating Officer till the

conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)