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Calcutta High CourtCRM (A)/5504/2022partly allowed

Anjan Halder And ORS v. State Of West Bengal

2022-11-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

29.11.2022 Serial no. 17 [Dd] (Petn.No.1- Dismissed as infructuous) (Petn. Nos.2 & 3 Allowed) CRM (A) 5504 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Narendrapur Police Station Case No. 1080 of 2022 dated 03.10.2022 under Sections 498A/406/34 of the Indian Penal Code.

-AndIn the matter of : Sri Anjan Halder & Ors. ... ... Petitioners Mr. Ratan Das, Advocate ... ... For the Petitioners Mr. Goutam Banerjee, Advocate ... ...For the State The first petitioner was arrested during the pendency of the application for anticipatory bail. In such circumstances, CRM (A) 5504 of 2022 is dismissed as infructuous so far as the first petitioner (Sri Anjan Halder) is concerned.

The materials in the case diary demonstrate that there are omnibus and general allegations as against the 2nd and 3rd petitioners.

In such circumstances, we are inclined to grant anticipatory bail to the 2nd petitioner (Sri Anil Halder) and 3rd petitioner (Smt. Rama Halder).

Accordingly, we direct that in the event of arrest the petitioner nos. 2 and 3 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 petitioner no. 2 shall

report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 3 shall cooperate with the investigation till its completion and on further condition that the petitioner nos. 2 and 3 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 and 3 in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner nos. 2 and 3 is allowed.

CRM (A) 5504 of 2022 is disposed of.

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