Calcutta High CourtCRM (A)/4998/2022allowed

Ganga Sardar @ Gulu Sardar And ANR v. State Of West Bengal

2022-10-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Ajay Kumar Gupta2 pages

(As/ cm) 18.10.2022 C.R.M. (A) 4998 of 2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Technocity P.S. Case No.132 of 2022 dated 12/07/2022 under Sections 498A/325/326/307/506/34 of the Indian Penal Code, 1860. And In the matter of: Ganga Sardar @ Gulu Sardar & Anr. ....petitioners.

Mr. Soumyajit Das Mahapatra Mr. Supriyo Das ...for the petitioners.

Mr. Arijit Ganguly Mr. Aniket Mitra ...for the State.

Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The police complaint is the result of the property dispute within the family members. The husband was not implicated by the de-facto complainant purposefully.

Learned Advocate appearing for the State draws attention of this Court to the materials in the case diary. The contention of the petitioner that the police complaint is result of the property dispute cannot be overlooked at this stage.

Considering the materials in the case diary and the gravity of the offence, 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/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer

and also 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 will cooperate with the investigation till the conclusion of the investigation and petitioner no.1 will report before 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.

The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4998 of 2022 is disposed of.

(Debangsu Basak, J.) (Ajay Kumar Gupta, J.)