Premchand Sharma v. State Of West Bengal

28.06.2021 Item No.09 Court No.30 Avijit Mitra C.R.M. 9721 of 2020 (Through video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Sri Premchand Sharma @ Prem Datt & ors.... petitioners Mr. Anjan Datta, Mr. Gogonjyot Singh, Mr. Jnip Bose ...... for the petitioners Mr. Imran Ali, Mr. Nirupam Dhali ...... for the State Apprehending arrest the present application has been preferred in connection with Tarakeswar Police Station Case No. of dated 07.10.2020 under sections 498(A)/406/323/504/506(2)/120B/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. Learned advocate appearing for the petitioners submits that the petitioner nos.1 and 2 are the father-in-law and the mother-inlaw of the de facto complainant. The petitioner nos.3 and 4 are the married sisters-in-law of the de facto complainant. They have been falsely implicated in the present case. No overt act has been attributed to them. The principal accused being the husband of the de facto complainant has already been granted anticipatory bail by a Coordinate Bench of this Court on 12th March, 2021 in CRM No.622 of 2021.

Learned advocate for the State opposes the prayer for anticipatory bail and submits that there are incriminating materials against the petitioners and the investigation is still in progress.

We have heard learned advocates for the respective parties and considered the materials in the case diary. Considering the nature of allegations and since there is no chance of absconsion of the petitioners and furthermore, when the principal accused has already been granted anticipatory bail by a Coordinate Bench of this Court, we are of the opinion that custodial interrogation of the petitioners is not warranted in the facts and circumstances of the present case.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Sri Premchand Sharma @ Prem Datt, Usha Rani Sharma @ Usha Devi, Sabita Sharma @ Savita Sharma, Seema Sharma @ Seema shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount, 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 with further condition that the petitioners shall cooperate with the investigation. With the aforesaid observations, CRM 9721 of 2020 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)