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Calcutta High CourtCRM/9071/2020allowed

Rabi Gayen@Rabindra Nath Gayen And ORS v. State Of West Bengal

2020-11-20Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

rkd 20.11.2020 Ct. No.03 (Allowed) C.R.M. 9071 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sabang P.S. Case No. 195 of 2020 dated 26/08/2020 under Section 448/323/325/376/379/427/34 of the Indian Penal Code. And In the matter of: Rabi Gayen @ Rabindra Nath Gayen & Ors. ....petitioners.

Mr. P. Paul ...for the petitioners.

Ms. S. Das ...for the defacto complainant.

Mr. N. P. Agarwala, Ms. S. Patel ...for the State.

Having considered the materials on record and bearing in mind the fact civil disputes are pending between the parties and as the possibility of their false implication owing to prior enmity cannot be wholly ruled out, 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.)