Dulal Adhikary And ORS v. State Of West Bengal

23.11.2022 Ct. No. 29 KAUSHIK Partly Allowed C.R.M.(A) 5363 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 695 of 2022 dated 29.09.2022 under Sections 500/506/509 of the Indian Penal Code, 1860 together with 67A of the I.T. Act. And In Re : Dulal Adhikary & Ors.

...... petitioners Mr. Amitava Ghosh Ms. Nabanita Chatterjee ....for the petitioners Mr. Ranabir Roychowdhury Mr. Mainak Gupta ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the police complaint is a result of relationship turning sour.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Apparently, the first petitioner (Dulal Adhikary) circulated offensive pictures of the de-facto complainant on the internet. The complicity of the other petitioners are not apparent in the case diary at the present stage. Consequently, we are unable to grant anticipatory bail so far as the first petitioner is concerned.

Accordingly, the application for anticipatory bail is, thus, rejected so far as petitioner no. 1 is concerned. So far as the petitioners nos. 2 (Smt. Sefali Adhikary), 3 (Smt. Sarathi Mondal) and 4 (Kajal Adhikary) are concerned, we grant them anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner nos. 2, 3 and 4 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 the petitioner nos. 2, 3 and 4 shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioner nos. 2, 3 and 4 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 petitioner nos. 2, 3 and 4 in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, partly allowed.

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