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Calcutta High CourtCRM (A)/4845/2023allowed

Arjan Sekh And ANR v. State Of West Bengal

2024-01-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

09.01.2024 Serial no. ML199 Anticipatory Bail [Allowed] Dd CRM (A) 4845 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ketugram Police Station Case No. 688 of 2023 dated 07.09.2023 under Sections 498A/406/324/307/308/34 of the Indian Penal Code, 1860 and Section 04 of DP Act.

(G.R. Case No. 1609 / 2023) -AndIn the matter of : Arjan Sekh & Anr.

... ... Petitioners Mr. Pratip Kr. Chatterjee, Advocate ... ... For the Petitioners Mr. Pravas Bhattacharya, Mr. MFA Begg, Advocate ... ...For the State Petition is taken up for consideration subsequent to order dated October 17, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

Husband and in-laws of the de facto complainant were enlarged on bail by the jurisdictional Court. Police filed charge sheet.

Petitioners before us are the distant relative of the de facto complainant.

In such circumstances, we confirm the interim order granted on October 17, 2023.

Consequently, 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 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 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4845 of 2023 is disposed of.

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