Kushal Chandra Korie v. State Of West Bengal

09.02.2021 Court No.28 Item No. 162 Krishnendu ALLOWED C.R.M. 10054 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Kushal Chandra Korie & Others ......Petitioners Mr. Abdus Salam Mr. Gopal Mondal ....For the Petitioners Mr. Narayan Prasad Agarwala Mr. Pratik Bose .......For the State Apprehending arrest in connection with Serampore Women Police Station Case No. 41 of 2020 dated 01.11.2020 under sections 498A/406 of the Indian Penal Code, the petitioners have filed the present application. The learned advocate appearing for the petitioners submits that there has been substantial compliance of the order dated 9th December, 2020 passed by a Co-ordinate Bench of this Court. The learned advocate further submits that the present petitioners are the husband, father-in-law, mother-in-law, sisterin-law and brother-in-law of the complainant. The learned advocate appearing for the State submits a report, which reflects that on production of petitioner no.1, certain seizures were made. Let the report be kept with the record.

We have taken into account the materials available in the case diary as well as the conduct of the present petitioners.

Having regard to the nature of the allegations, we are of the opinion that custodial detention of the petitioners may not be warranted in the facts and circumstances of the instant case. As such, the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, we direct that in the event of arrest the petitioners, namely, Kushal Chandra Korie, Iswar Chandra Korie alias Babulal Prasad, Lilaboti Korie, Rakhi Mali and Bappa Mali, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM No. 10054 of 2020, is, thus, disposed of.

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