Raj Kumar Das And ORS. v. State Of West Bengal

12.10.2023 M/L 57 Ct. No.25 (Allowed) (SKB) CRM (A) 4148 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotulpur P. S. Case No.232 of 2023 dated 03.08.2023 under Sections 498A/323/406/506/34 of the Indian Penal Code and Sections 3/4 of D.P. Act (G.R. Case No.999 of 2023).

In the matter of : Raj Kumar Das and others ... Petitioners Mr. Kazi Sajjad Alam ... for the petitioners Mr. Pravas Bhattacharya, Mr. M. F. A. Begg ... for the State

1. Heard learned counsel for the parties.

2. The petitioner no.1 is the husband of the informant and others are the family members of the petitioner no.1.

3. Though there is allegation of offence under Section 498A IPC, we do not find any scope on the part of the petitioners to tamper with the evidence or flee the course of justice.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the G.R. Case No.999 of 2023

arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

7. The applications being CRM(A) 4148 of 2023 is disposed of.

8. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)