Sarbani Polley And ANR. v. State Of West Bengal

09.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4343 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bantra Police Station Case No. 153 of 2022 dated 19.07.2022 under Sections 420/406 of the Indian Penal Code, 1860. And In Re : Sarbani Polley & Anr.

...... petitioners Mr. Abhra Mukherjee Mr. Sauradeep Dutta ....for the petitioners Mr. Debabrata Roy Mr. Soumik Mondal Mr. Avijit Addhya ....for the de-facto complainant Mr. Madhusudan Sur Mr. Dipankar Pramanik ....for the State State and the de-facto complainant are represented. There is a civil suit pending.

There is also a probate proceeding pending.

Apparently, the disputes are civil in nature. In such circumstances, 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 petitioner no. 1 (Sarbani Polley) shall cooperate with the Investigating Officer till the conclusion of the investigation and petitioner no. 2 (Indranath Polley) shall meet the Investigating Officer once a month 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.) (Md. Shabbar Rashidi, J.)