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Calcutta High CourtCRM (A)/4783/2022allowed

Soyel Aktar @Soyel Akter And ORS v. State Of West Bengal

2022-11-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

09.11.2022 Serial no. 13 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 4783 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 802 of 2022 dated 21.07.2022 under Sections 498A/323/307/34 of the Indian Penal Code read with Sections 3/4 of the D.P Act (G.R. No. 1941/2022) -AndIn the matter of : Soyel Aktar @ Soyel Akter & Ors. ... ... Petitioners Ms. Minoti Gomes, Mr. Musharraf Alam Sk.

Ms. Susmita Ghorai, Advocates ... ... For the Petitioners Mr. Bidyut Kr. Roy, Ms. Sima Biswas, Advocates ... ...For the State The de facto complainant recorded a statement under Section 164 of the Criminal Procedure Code subsequent to the order dated September 30, 2022 where she claims that the police case was lodged due to misunderstanding. In view of the statement of the de facto complainant recorded on October 17, 2022 under Section 164 of the Criminal Procedure Code, 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, 2 and 5 shall report

before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 3 and 4 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) 4783 of 2022 is disposed of.

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