Shyamal Das And ANR. v. The State Of West Bengal

30.

03.04.2025 Court No.1 (Papiya) Allowed CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE CRM (A) 191 of 2025 In Re: - An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Tufanganj Police Station Case No. 44 of 2019 dated 05/02/2019 under Sections 498A/304B/34 of the Indian Penal Code, 1860.

And In the matter of: - Shyamal Das & Chhaya Das ...petitioner.

Mr. Sudip Guha, Adv.

...for the petitioner.

Mr. Ujjwal Luksom, Adv.

Mr. Tapan Bhattacharjee, Adv.

Ms. Namrata Das, Adv.

...for the State.

1. The petitioners are the Uncle-in-Law and Aunt-in-Law of the victim lady. The charge is under Sections 498A/304B/34 IPC.

2. The petitioners say that all other accused persons who are the other family members have been granted anticipatory bail by this Court and the husband of the victim lady has been enlarged on bail by the learned Trial Court. They have no involvement in the alleged crime. They will cooperate with the police whenever necessary.

3. Learned State Counsel, while opposing the prayer, draws to my attention the statements of witnesses recorded under Section 161 Cr.P.C. The statements as well as the First Information Report name all the accused persons.

4. In view of the fact that no specific overt act is attributed to these petitioners and the other accused persons who appear to be similarly circumstanced, have been granted anticipatory bail/bail, and also seeing that charge-sheet has been filed, I am of the view that immediate custodial interrogation of the petitioners is not necessary.

1. Accordingly, in the event of arrest, the petitioner nos.1 and 2, respectively namely, Shyamal Das & Chhaya Das, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioner no.1 shall meet the Officer-in-Charge/Inspector-in-Charge of the concerned police station once in a fortnight, until further orders. Within seven days from date, the petitioners shall go and meet the Investigating Officer of this case.

2. The application for anticipatory bail being CRM (A) 191 of 2025 is thus allowed and disposed of.

3. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.)