Palash Debnath And ORS v. State Of West Bengal

C.R.M. 9046 of 2020 (Through Video Conference) rkd 20.11.2020 Ct. No.03 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip P.S. Case No. 323 of 2020 dated 29/08/2020 under Section 498A/307/34/302 of the Indian Penal Code.

And In the matter of: Palash Debnath & Ors.

....petitioners.

Mr. D. Banerjee ...for the petitioners.

Mr. S. Ghosh, Mr. A. K. Datta ...for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. It is submitted on behalf of the petitioners that the victim suffered accidental death.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in the mind the nature of allegations in the light of the aforesaid submission which finds resonance from the dying statement of the victim, we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs. 10,000/- 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.

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)