Dilip Baidya And ORS v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

30.08.2019 tkm/ct 1 C.R.M. 824 of 2019 sl no. 21 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 26.8.2019 in connection with Maynagurj P.S case no. 444 of 2018 dated 2.1.2018 under sections 341/326/379/34 of the IPC And Allowed In Re : Dilip Baidya & Ors.

...... petitioners Mr. J. K. Bhowmik ...... for the petitioners Mr. Kallol Acharjee Mr. B. Roy ...... for the State It is submitted on behalf of the petitioners that the instant case is a counterblast to a criminal case lodged by petitioner no. 5 against her husband and other in-laws.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the nature of allegations in the light of the aforesaid submission with regard to pre-existing enmity between the parties and as the injuries are not grievous, 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 registered sureties of like amount each, 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 and that the petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 824 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)