Calcutta High Court (Appellete Side)
Bani Das & Ors vs Unknown on 21 March, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
C.R.M. (A) 780 of 2022 112 21.03.2022
(AD) Court No.29 In Re: - An application for anticipatory bail under Section 438 of (Allowed) the Code of Criminal Procedure in connection with Raiganj P.S. Case No.763 of 2021 dated 08/09/2021 under Sections 306/34 of the Indian Penal Code.
And In the matter of: Bani Das & Ors.
....petitioners.
Mr. Jisan Iqubal Hossain ...for the petitioners.
Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra ...for the State.
Petitioners seek anticipatory bail.
Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The victim committed suicide.
Learned Advocate appearing for the State submits that the petitioner no.1 and the victim were in a relationship. He refers to the statements recorded under Section 164 of the Code of Criminal procedure of the father of the victim. Apparently, the victim took certain photographs which were published in the internet by the victim. Such action of the victim prompted the petitioners to come into the house of the victim. Thereafter, the victim committed suicide.
Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that the involvement of the victim in uploading the photographs of the first petitioner cannot be discounted at this stage, we grant anticipatory bail to the petitioners. 2 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 and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos.2,3,4 and 5 will report before the Investigating Officer once a month till the conclusion of the investigation and petitioner no.1 will cooperate with the investigation 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.
The prayer for anticipatory bail of the petitioners is allowed.
C.R.M. (A) 780 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)