Sudha Giri And ORS v. State Of West Bengal

02.01.2023 Serial no.40 Aloke CRM (A) 6009 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Keshiyari Police Station Case No. 323 of 2022 dated 09.11.2022 under Sections 498A/323/307/506/34 of the Indian Penal.

-AndIn the matter of : Sudha Giri & Ors.

... ... Petitioners Mr. Soumyajit Das Mahapatra, Advocate ... ... For the Petitioners Mr. Imran Ali, Advocate Ms. Debjani Sahu, Advocate ... ...For the State Leave granted to the learned Advocate-on-record for the petitions to correct the cause title.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the present police complaint is a counter blast with regard to the property disputes which are pending for considerable period of time.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Apparently, there are property disputes between the private parties. The allegations as against the petitioners are 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. 2 to 6 will report before the Investigating

Officer once in a fortnight till the conclusion of the investigation and petitioner no. 1 will cooperate with the investigation till the conclusion of the investigatoin 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) 6009 of 2022 is disposed of.

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