Krishna Chowdhury And ORS. v. State Of West Bengal

05.11.2020 Item no. 50 Ct.8 SSI/CHC Allowed C.R.M. No.8829 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with NJP Police Station Case No.623 of 2020 dated 01.06.2020 under Sections 498A/304B/306/34 of the Indian Penal Code.

And In the matter of:- Krishna Chowdhury & ors.

... Petitioners Mr. Arnab Saha .. for the petitioners Mr. Ujjal Luksom, Mr. Abhijit Sarkar ..for the State Petitioner no.1 is the brother-in-law, petitioner no.2 is the wife of petitioner no.1 and petitioner no.3 is another brother in law of the deceased/victim.

Learned advocate for the petitioners submits that the husband was arrested and subsequently granted bail. The fatherin-law and the mother-in-law was also granted anticipatory bail and the present petitioners have been named in the charge-sheet. Learned advocate for the State is present and submits that there are no specific allegations against the present petitioners and charge-sheet has already been submitted.

Having considered the materials on record and the contentions so advanced by the learned advocate for the State and the fact that charge sheet has already been submitted, we are of the opinion that custodial detention of the petitioner may not be warranted in the facts and circumstances of the case. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of arresting officer/Investigating Officer and on condition that they shall not tamper with the evidence or intimidate the witnesses. Further, the petitioners shall make themselves available as and when required by the investigating officer of this case.

The aforesaid order of anticipatory bail shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

With these observations, CRM 8829 of 2020 is disposed of. Learned appropriate Trial Court as well as all concerned authorities shall act in terms of the copy of the order downloaded from the official website of this Court.

(Ashis Kumar Chakraborty, J.) (Tirthankar Ghosh, J.)