Bharat Kediya @Bharat Kedia And Another v. State Of West Bengal

15.10.2020 Court No. 12 cp Item - 25 (DL) CRM 7759 of 2020 (via video conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Women Police Station Case No. 05 of 2020, dated 04.02.2020 under Sections 498A/307/376/511/506 of the Indian Penal Code. And In the matter of: Bharat Kediya @ Bharat Kedia & anr. ....Petitioners.

Mr. Sohan Lal Adak.

...for the Petitioners.

Md. Imran Ali, Mrs. Manasi Roy.

...for the State.

The petitioners undertake to affirm and appropriately stamp the petition as per Rules within a month of resumption of normal functioning of the court. The application is taken up through video conference on the basis of such undertaking.

The learned counsel for the petitioners submit that the petitioners have been falsely implicated. The petitioner no. 1 is a brother-in-law and the petitioner no. 2 is the parental uncle of the FIR named accused no. 1.

The learned advocate for the State, however, opposes the prayer for anticipatory bail.

Having considered the materials on record and the statement of the complainant recorded under Section 164 of the Cr. P.C. and the nature and extent of complicity of the petitioners in the commission of

the alleged offence, we feel that the custodial interrogation of the petitioners is not required.

Accordingly, in the event of arrest the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each together with two sureties of the 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 petitioners shall meet the I.O. of the case once in a week and cooperate with the investigation.

The application for anticipatory bail being CRM 7759 of 2020 is allowed.

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

(Soumen Sen, J.) (Aniruddha Roy, J.)