Anjana Sarkar And ORS v. State Of West Bengal

16.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4449 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chinsurah Police Station Case No. 387 of 2022 dated 01.08.2022 under Sections 498A/304B/34 of the Indian Penal Code, 1860.

And In Re : Anjana Sarkar & Ors.

...... petitioners Ms. Pramita Banerjee Mr. Shovan Biswas ....for the petitioners Mr. Pravas Bhattacharya Mr. Pratick Bose ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. The deceased committed suicide. The husband is in custody. He submits that the first and the second petitioners are the Central Government employees.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary and, in particular, to the statement recorded under Section 164 of the Code of Criminal Procedure.

The first two petitioners are Central Government employees.

The allegations as against the petitioners, apparently, appear to be omnibus in nature.

The husband is in custody.

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. 2 (Tanmoy Sarkar) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos. 1 (Anjana Sarkar) and 3 (Swati Barui Sarkar) 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.) (Md. Shabbar Rashidi, J.)