Binoy Deb Singha @ Dhrubajit Deb Singha And ORS v. The State Of West Bengal

SL. 30 March 17, 2021.

AKG CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION C.R.M. 350 of 2021 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on March 15, 2021 in connection with Jalpaiguri Kotwali Police Station Case No. 10 of 2021 dated January 8, 2021 under sections 498A/306 of the Indian Penal Code, 1860 And Allowed In Re : Binoy Deb Singha @ Dhrubajit Deb Singha & Ors. ... petitioners.

Mr. Hillol Saha Podder ... for the petitioners.

Mr. Ujjwal Luksom, Mr. Sagnik Sankar Sikdar ... for the State.

Learned advocate for the petitioners submits that the petitioners have been falsely implicated in this case though the petitioners are in a separate mess.

Learned advocate appearing for the State opposes the prayer for bail.

Having considered the materials on record, we find that there is no material directly connecting the petitioner nos. 3 and 4 against the alleged offence, but there are sufficient materials against the petitioner nos. 1 and 2.

Accordingly, the prayer for anticipatory bail is allowed only for the petitioner nos. 3 and 4 and the prayer for anticipatory bail of the petitioner nos. 1 and 2 is rejected. In the event of arrest, the petitioner no. 3 namely, Alpana Deb Singha and the petitioner no. 4 namely, Abhijit Deb Singha shall be released on bail subject to

furnishing bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local subject to the satisfaction of the of the arresting officer. The petitioner nos. 3 and 4 will meet the investigating officer once in a week and cooperate with the investigation. They will comply with the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. The prayer for anticipatory bail is allowed.

(Sabyasachi Bhatttacharyya, J.) (Kausik Chanda, J.)