Mohan Karmakar And ORS v. State Of West Bengal

C.R.M. (A) 5299 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harischandrapur Police Station Case No. 900 of 2022 dated 27.09.2022 under Sections 498A/323/325/308/354/34 of the Indian Penal Code, 1860.

And In the matter of: Mohan Karmakar & Ors.

....petitioners.

Mr. Soupal Chatterjee Ms. Sucheta Banerjee ...for the petitioners.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

Petitioners pray for anticipatory bail.

18.11.2022 Sl.28 Court No.29 (AD) (Allowed) The first petitioner is the husband. The others are the inlaws of the de facto complainant. There is a previous police complaint lodged at the behest of the petitioner no.5 with regard to the incident. So far as the present police case is concerned, it appears that the injured suffered simple injury. The first petitioner, who is the husband, apparently is a CRPF employee. In such circumstances, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that

the petitioner nos.1, 2,3 and 5 will report before the Investigating Officer once a month till the conclusion of the investigation and petitioner nos.4 and 6 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5299 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)