Sourav Das And ORS v. State Of West Bengal

08.12.2020 Court No.28 SL No.80 AP CRM 9990 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah P.S. Case No.343 of 2020 dated 18th November, 2020 under Sections 498A/306/34 of the Indian Penal Code.

And In the matter of: Sourav Das & Ors.

....Petitioners.

Mr. Shibaji Kumar Das ...for the Petitioners.

Mr. N. Ahmed, Ld. A.P.P.

...for the State.

Having considered the materials on record and bearing in mind the general and omnibus nature of allegations and as the incident occurred 28 years after marriage and as the statutory presumption under Section 113A of the Evidence Act is not attracted in the facts of the case, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that 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, to the satisfaction of the arresting officer and also 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, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)