Gokul Chandra Das And ORS v. State Of West Bengal And ORS.

02.12.2020 Sl. No.50 akd [ALLOWED] C. R. M. 9578 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.11.2020 in connection with Uttarpara Police Station Case No. 811 of 2017 dated 24.09.2017 under Sections 302/201/34 of the Indian Penal Code.

And In Re: Gokul Chandra Das & Anr.

... ... Petitioners Mr. Sanjib Mitra .. Advocate ... ... for the petitioners Mr. Madhusudan Sur .. Ld. Addl. Public Prosecutor Mr. Manoranjan Mahata .. Advocate ... ... for the State It is contended on behalf of the petitioners that the instant case is a counter-blast to an earlier case lodged by the petitioner no.2 against the husband and in-laws of the victim-housewife. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail.

We have considered the materials on record. We find that the instant case is a counter-blast to an earlier criminal case lodged by the petitioner no.2 against the husband and in-laws of the victim-housewife. Possibility of false implication of the petitioners on such score cannot be wholly ruled out. Under such circumstances, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Gokul Chandra Das & (2) Smt. Minati Das, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)