Soumen Bera And ORS v. State Of West Bengal

09.10.2023 as/tkm/ct 28 C.R.M. (A) 4605 of 2023 spl no. 22 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Daspur P.S case no. 517 of 2023 dated 14.9.2023 under sections 498A/323/406/506/34 IPC and sections 3/4 of the DP Act And Allowed In Re : Soumen Bera & Ors.

...... petitioners Mr. Debasis Kar ...... for the petitioners Mr. S. G Mukherjee, ld PP Mr. Imran Ali Ms. Sutapa Banerjee ...... for the State 1.

Heard learned lawyers for the parties.

2.

We have considered the materials on record. Allegations of torture are general and omnibus. Allegation of physical assault is not supported by medical evidence.

3.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners, however, subject to conditions. 4.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- 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 petitioner no. 1 while on bail shall meet investigating officer once in a week until further orders.

5.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

6.

The application being CRM (A) 4605 of 2023 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)