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Calcutta High CourtCRM (A)/4338/2022allowed

Suprity Banerjee v. State Of West Bengal

2022-09-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

12.09.2022 Serial no. 10 & 14 [Dd] (Anticipatory bail) Allowed) CRM (A) 4220 of 2022 In the matter of : Dibendu Ghosh ... ... Petitioner with CRM (A) 4338 of 2022 In the matter of : Suprity Banerjee ... ... Petitioner In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Balagarh Police Station Case No. 211 of 2022 dated 27.06.2022 under Sections 292(2)(b)/500/505/509/120B of the Indian Penal Code and 67, 67A of IT Act.

-AndMs. Payel Shome, Advocate ... ... For the Petitioner in CRM (A) 4220 of 2022 Mr. Tapas Kr. Ghosh, Mr. Tanmay Chowdhury, Advocates ... ... For the petitioner in CRM (A) 4338 of 2022 Mr. Rudradipta Nandy, Ms. Sreeparna Das, Advocates ... ...For the State in CRM (A) 4220 of 2022 Mr. T. D Nandy,, Mr. Antarikhya Basu,, Advocates ... ... For the State in CRM (A) 4338 of 2022 Two applications for anticipatory bail are taken up analogously as they emanate out of the same police case. In both the matters, the petitioners complied with the order passed on September 5, 2022 and September 8, 2022 respectively. Both of them deposited their mobile phones with the Investigating Officer.

Considering the gravity of the offence, the involvement of the petitioners therein in both the applications and considering the fact that the mobile phones used by such petitioners were seized by the Investigating Officer, we are inclined to grant anticipatory bail to the petitioners in both the applications.

Accordingly, we direct that in the event of arrest the petitioners in both the applications 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 in CRM (A) 4220 of 2022 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner in CRM (A) 4338 of 2022 shall cooperate with the investigation till its conclusion and on further condition that the petitioners in both the applications 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 both the applications in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayers for anticipatory bail of the petitioners in both the applications are allowed.

CRM (A) 4220 of 2022 and CRM (A) 4338 of 2022 are accordingly disposed of.

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