Subal Chandra Barman@Subal Barman And ORS v. The State Of West Bengal

02.12.2024 Sl No.69 srm/Mujahid (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri CRM(A) 924 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the B.N.S.S. filed on 14.11.2024 in connection with Sahebganj P.S. Case No. 505/2024 dated 28.08.2024 under Sections 85/102/3(5) of the B.N.S., 2023.

And In the matter of: Subal Chandra Barman @ Subal Barman & ors. ... Petitioners Mr. Swarup Das ... for the petitioners Mr. Saikat Chatterjee, Mr. Chattu Roy ... for the State The petitioners pray for anticipatory bail on the ground that there are no specific allegations against them and they all along resided in a separate mess from the victim. It is further submitted that the primary accused, i.e., husband of the victim is on bail. Learned Advocate for the State produces the case diary. Considering the materials on record and the fact that there are no specific allegations against the petitioners, we are inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of equal amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate,

Dinhata. The petitioners shall appear before the jurisdictional court on the dates fixed. The petitioners will not tamper with evidence and shall not intimidate witnesses.

In case the petitioners fail to adhere to any of the conditions mentioned hereinabove, or in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of B.N.S.S., the learned jurisdictional court shall be entitled to cancel the bail without further reference to this Court. The application for anticipatory bail is, thus, disposed of. (Partha Sarathi Chatterjee J.) (Shampa Sarkar, J.)