Shyamranjan Das And ORS v. The State Of West Bengal

06.08.2020.

KM/R.PAN (Allowed).

C.R.M. 5134 of 2020 With CRAN 3418 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Alipurduar Woman P.S. Case No. 60 of 2020 dated 06.07.2020 under Sections 498A/313 of the Indian Penal Code read with Sections 3 /4 of the Dowry Prohibition Act . In the matter of : Shyamranjan Das & Ors.

... Petitioners.

Mr. Kalipada Das ...for the Petitioners.

Mr. A.S.Chakraborty ...for the State.

Heard the learned advocates appearing on behalf of the parties. Petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conference.

The application, being CRAN No. 3418 of 2020, is disposed of. It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail. We have considered the materials on record and bearing in mind the nature of allegation and the fact that the allegation of abortion is not supported by material particulars with regard to the date and time of administration of

deleterious medicines, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, 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.

This application for anticipatory bail is, thus, disposed of. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)