Ganesh Chandra Sarkar And ORS v. State Of West Bengal

25.02.2021 Court No.28 Item No. 25 Krishnendu Allowed C.R.M. 10194 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Ganesh Chandra Sarkar & Ors.

Petitioners Mr. Sudipto Moitra Mr. Samiran Mandal Mr. Abhinaba Das Mr. Nitish Samanta For the Petitioners Mr. S.G. Mukherjee, ld. P.P.

Mr. Aniket Mitra For the State.

Apprehending arrest in connection with Joypur Police Station Case No. 77 of 2020 dated 16.09.2020 under Sections 498A/304B/34 of the Indian Penal Code, the petitioners have filed the present application.

The petitioners are the brothers-in-law, sisters-in-law and mother-in-law of the deceased respectively. Mr. Moitra, learned advocate for the petitioners submits that the petitioners are innocent of the charges and have been implicated solely for the reason that they happen to be the relations of the husband of the deceased. He further submits that the main thrust of the allegations is against the husband, who has already been arrested in connection with this case. Mr. Mukherjee, learned Public Prosecutor appearing for the State, opposes the prayer for anticipatory bail and draws the attention of this Court to the statements of different

witnesses. He further submits that investigation in this case has been concluded and charge sheet has already been submitted.

We have perused the materials in the case diary and on assessment of the same, we are of the opinion that custodial detention of the petitioners may not be warranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest the petitioners, viz. Ganesh Chandra Sarkar, Kalpana Sarkar, Ramesh Sarkar, Mallicka Sarkar and Pusparani Sarkar, 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 10194 of 2020, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)