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Calcutta High Court (Appellete Side)

Hiralal Thokdar @ Hira Thokdar & Ors vs Unknown on 5 May, 2022

Author: Debangsu Basak

Bench: Debangsu Basak

                                    CRM (A) 2051 of 2022
05.05.2022

Sl. 29 Court No.29 In Re: - An application for anticipatory bail under Section 438 of suvayan the Code of Criminal Procedure in connection with Chanchal (Allowed) P.S. Case No. 291/2022 dated 25/03/2022 under Sections 302/34 of the Indian Penal Code.

And In the matter of: Hiralal Thokdar @ Hira Thokdar & Ors.

....petitioners.

Mr. Rana Mukherjee ...for the petitioners.

Mr. S. S. Imam Mr. Arabinda Manna ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the death was due to suicide. The husband of the victim was not implicated. The complaint was lodged at the instance of the father of the victim. He contains that the petitioners were falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the postmortem report of the victim and to the materials in the case diary.

The Court is informed that the father-in-law of the victim is in custody.

Considering the postmortem report of the victim and considering the materials in the case diary, we 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/- (Rupees Ten Thousand Only) each with two sureties of like amount each, to the satisfaction of the Arresting Officer 2 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner no.1 (Hiralal Thokdar @ Hira Thokdar), the petitioner no.6 (Kalyan Das) and the petitioner no.7 (Pintu Pramanik) will report before the Investigating Officer once in a fortnight and the petitioner no.2 (Aduri Thokdar), the petitioner no.3 (Maloti Thokdar), the petitioner no.4 (Niti Pramanik) and the petitioner no.5 (Eti Das) shall co-operate with the Investigating Officer and on condition that the petitioners shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 2051 of 2022 is, thus disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)