Subhasis Roy v. State Of West Bengal

16.09.2020 SL No.38 Court No.8 (gc) (Allowed) CRM 6588 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.09.2020 in connection with Belgharia P.S. Case No. 399/2020 dated 24.08.2020 under Sections 498A/302/34 of the Indian Penal Code.

And In the matter of: Sri Subhasis Roy & Ors.

....Petitioners.

Mr. Debasis Kar, Mr. Subhajit Chowdhury, Mr. Husen Mustafi ...for the Petitioners.

Mr. N. Ahmed, Ld. A.P.P., Ms. Anita Gaur ...for the State.

The petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

The applicants are the brother-in-law, sister-in-law and mother-in-law of the victim. They have prayed for anticipatory bail.

The learned Counsel for the petitioners submits that the husband of the deceased used to reside with his son at a different place and there was no common mess.

We have perused the case diary as well as the statement made by the son of the victim. On the basis of the materials-onrecord and on consideration of the statement recorded under

Section 164 of the Cr.P.C. and nature of the involvement of the petitioners, we are of the view that the custodial interrogation of the petitioners is not required. Accordingly, we allow the application for anticipatory bail to the petitioners. In the event of arrest, the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Cr.P.C. It is further directed that the petitioner No.1, namely, Sri Subhasis Roy, will meet the I.O. of the case once in a week. The application for anticipatory bail being CRM 6588 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Jay Sengupta, J.) (Soumen Sen, J.)