Sk Sagir And ORS v. State Of West Bengal

19.03.2021 AN/ Ct. No. 4 C.R.M. 11201 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla Police Station Case No. 274/2020 dated 05.11.2020 under sections 498A/307/34 of the Indian Penal Code.

And In the matter of : Sk. Sagir & Ors. ... Petitioners. Mr. Mrityunjay Chatterjee ... for the Petitioner.

Mr. Rana Mukherjee, learned A.P.P.

Mr. Avik Ghatak ... for the State.

The present application under Section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Sk. Sagir & Ors. is taken up for hearing and order.

It is submitted on behalf of the petitioners that the petitioners are the husband and parents-in-law of the defacto complainant and are innocent.

The State opposes the prayer for bail and refers to the injury report as well as the statement of the victim and other witnesses. It appears that there is material against petitioner No. 1 prima facie suggesting his involvement in the alleged offence. Therefore, prayer for anticipatory bail of petitioner No. 1 Sk. Sagir is rejected. However, having considered the extent of

complicity of petitioner No. 2 and 3 in the alleged crime, we are inclined to grant anticipatory bail to petitioner No. 2 and 3. Accordingly, we direct that in event of arrest the petitioner No. 2 and 3 shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) only with two sureties of like amount 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, accordingly, allowed. CRM 11201 of 2020 is disposed of.

( Arindam Sinha, J. ) ( Suvra Ghosh, J. )