Chandan Das @ Chandan Kumar Das And ORS v. State Of West Bengal

31.08.2022 Serial no. 07 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 4135 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Nandigram Police Station Case No. 680 of 2022 dated 12.07.2022 under Sections 498A/323/384/313/406/34 of the Indian Penal Code. -AndIn the matter of : Chandan Das @ Chandan Kumar Das & Ors. ... ... Petitioners Mr. Samiran Mandal, Mr. Abhinaba Dan, Advocate ... ... For the Petitioners Mr. Saswata Gopal Mondal , Ld. PP Mr. Aniket Mitra, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the husband of the de facto complainant was taken into custody. He submits that the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy. The husband of the de facto complainant is in custody. The police complaint was lodged after eight years of marriage. Apparently, the abortion took place in the year 2021. In such circumstances, we are inclined to 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/- (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 condition that the petitioner nos. 1, 5 and 7 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 2, 3 , 4 and 6 shall cooperate with the investigation till its completion and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4135 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)