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Calcutta High CourtCRM (A)/4593/2023allowed

Shambhucharan Dingal @ Sambhu Dingal And ANR v. State Of West Bengal

2024-01-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4593 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Egra P.S. Case No.509 of 2023 dated 04/07/2023 under Sections 498A/304B/34 of the Indian Penal Code, 1860, corresponding to G.R.(E) Case No.805/2023.

And In the matter of: Shambhucharan Dingal alias Sambhu Dingal & Anr.

....petitioners.

Mr. Srinjay Sengupta Mr. Saurav Roy Mr. Narattam Acharyya Mr. Ankush Ghosh ...for the petitioners.

Mr. Debasish Ray, Ld. PP Mr. Antiket Mitra Ms. Jonaki Saha ...for the State.

The application for anticipatory bail is taken up for (AD) 05.01.2024 Court No.29 (Allowed) consideration subsequent to the order dated October 16, 2023 passed by the Coordinate Bench.

By such order, an interim anticipatory bail was granted to the petitioners.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

Petitioners before us are the parents-in-law of the victim. There are omnibus and general allegations as against the petitioners.

The victim apparently committed suicide.

In such circumstances, we confirm the interim order dated

October 16, 2023.

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.1 will report before the Investigating Officer once a month till the conclusion of the investigation and petitioner no.2 will cooperate with the investigation 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) 4593 of 2023 is disposed of.

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