Calcutta High CourtCRM (A)/4311/2023allowed

Eyar Ali @ Yaul Hoque And ANR. v. State Of West Bengal

2023-11-20Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4311 of 2023 20.11.2023 SL. 26 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 194 of 2023 dated 04.05.2023 under Sections 498A/302/304B/34 IPC read with Sections 3/4 of the D.P. Act (corresponding to G.R. Case No. 448 of 2023, pending before the Learned ACJM, Gangarampur at Buniadpur, Dakshin Dinajpur).

And In the matter of: Eyar Ali @ Yarul Hoque & Anr. ....petitioners.

Mr. Kaushik Chaudhury Ms. Busra Khatoon ...for the petitioners.

Mr. Imran Ali Ms. Debjani Sahu ... for the State.

Mr. Uttam Basak ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. The present petitioner no. 2 is the married sister-in-law of the deceased lady and the petitioner no. 1 is the husband of the petitioner no. 2.

3. From the materials as placed before us, we find no substantive material as against the present petitioners so far as the death of the deceased is concerned.

4. Investigation is stated to have been completed in the meantime.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and completion of investigation, it is directed that each of the petitioner shall surrender before the

learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur, in G.R. Case No. 448 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On their appearance and application for bail, they shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

7. The application being CRM (A) 4311 of 2023 is disposed of.

8. Learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur, is hereby directed to act upon the server copy of this order, if required. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)