Calcutta High CourtCRM (A)/4725/2023allowed

Saraswati Nayek And ORS v. State Of West Bengal

2024-01-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

08.01.2024 Item No.122 Ct. No. 29 CHC Allowed C.R.M.(A) 4725 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jamboni Police Station Case No. 87/2023 dated 26.06.2023 under Sections 341/324/325/307/379/506/34 of the Indian Penal Code, 1860.

And In the matter of : Saraswati Nayek & ors.

...... petitioners Mr. Soumyajit Das Mahapatra ....for the petitioners Mr. Avishek Sinha ....for the State Petition is taken up for consideration subsequent to the order dated October 17, 2023, passed by a coordinate Bench. By such order, coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

The present police complaint is a counter blast to a police complaint lodged against the petitioners under Section 498A of the Indian Penal Code, 1860.

The injury suffered are simple in nature.

In such circumstances, we confirm the interim order granted to the petitioners on October 17, 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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. This application for anticipatory bail is, thus, allowed. CRM(A) 4725 of 2023 is disposed of.

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