Subrata Dey And ORS. v. State Of West Bengal
28/11/2025 D/L - 40 Court No.28 S. Kundu Allowed C.R.M.(A) 3709 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Howrah P.S case no. 342 of 2025 dated 6.8.2025 under sections 336(2)/336(3)/337/338/339/340(2)/318 of the BNS. In the matter of: Subrata Dey & Ors.
...Petitioners.
Mr. Achin Jana Ms. Gargi Dhang Mr. Prosenjit Ghosh Ms. Chetna Rustogi ...for the petitioners.
Mr. Debangshu Bandhu Mr. Ivam Roy Mr. Zeeshanuddin Ms. Sharya Agarwal ...for the de-facto complainant.
Ms. Subhasree Patel Ms. Madhumita Basak ...for the State.
1. Heard the learned counsels for the parties.
2. It appears that a Clerk of a law firm alleged that certain dues were not paid by the clients and the clients were trying to use fake death certificate to obtain legal heir certificate.
3. It appears from the case diary that the death certificate in question has been seized and sent for verification by the Municipal Corporation.
4. Considering the above, the other materials available in the case diary and the fact that the documents in question have already been seized and sent for
verification, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.
5. 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, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no. 1 and 3 shall meet the I.O once a week till submission of report in final form.
6. Accordingly, the application for anticipatory bail is allowed.
7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.
(Jay Sengupta, J.)