Prabhash Roy @ Prabhas Ray And ORS. v. State Of West Bengal

05.09.2022 Serial no. 45 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 4222 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No. 174 dated 15.06.2022 under Sections 306/34 of the Indian Penal Code. -AndIn the matter of : Prabhash Roy @ Prabhas Ray & Ors. ... ... Petitioners Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee, Ms. Souparna Chatterjee, Mr. Sourov Mondal, Advocates ... ... For the Petitioners Ms. Faria Hossain, Ms. Baisali Basu, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners 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 diary including the statement of the mother of the victim recorded under Section 164 of the Criminal Procedure Code. Apparently, the victim died by committing suicide. 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 and 4 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2 and 3 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) 4222 of 2022 is disposed of.

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