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Calcutta High CourtCRM (A)/5514/2022allowed

Gora Chand Ghosh And ORS v. State Of West Bengal

2022-12-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

06.12.2022 Serial no.12 Aloke CRM (A) 5514 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gariahat Police Station Case No. 221 of 2022 dated 07.11.2022 under Sections 498A/406/323/506/34 of the Indian Penal Code. -AndIn the matter of : Sri Gora Chand Ghosh & Ors. ... ... Petitioners Mr. Supriyo Chattopadhyay, Advocate Ms. Anasuya Bhattacharya, Advocate ... ... For the Petitioners Mr. Gautam Banerjee, Advocate ... ...For the State Petitioners seek anticipatory bail.

The police complaint was filed 17 years after marriage. The de facto complainant is yet to record a statement under Section 164 of the Code of Criminal Procedure. The allegations against the petitioners appears to be omnibus and general in nature In such circumstances, we are inclined to 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 condition that the petitioner nos. 1 and 4 will report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2 and 3 will cooperate with the investigation till the conclusion of the investigation 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) 5514 of 2022 is disposed of.

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