Calcutta High CourtCRM (A)/5614/2023allowed

Ekadashi Kalapahar And ORS. v. The State Of West Bengal

2024-02-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.02.2024 Serial no. 84 Anticipatory Bail [Allowed] Dd CRM (A) 5614 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sonarpur Police Station Case No. 1180 of 2023 dated 05.11.2023 under Sections 498A/323/325/307/354/506/34 of the Indian Penal Code, 1860 and Section 75 of Juvenile Justice Act. (G.R. Case No. 6393/2023) -AndIn the matter of : Ekadashi Kalapahar & Ors. ... ... Petitioners Mr. Archan Dutta, Advocate ... ... For the Petitioners Ms. Debjani Sahu, Advocate ... ...For the State Leave granted to the learned advocate for the petitioners to correct the cause title.

There is a previous writ petition filed at the behest of the petitioners against the de facto complainant. Apparently, there are civil disputes between the private parties.

Issue of false implication should not be overlooked at this stage.

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 petitioner nos. 1 and 3 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2 and 4 shall cooperate with the investigation till its completion 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) 5614 of 2023 is disposed of.

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