Calcutta High Court (Appellete Side)
Under Sections 447/379/427/34 Of The ... vs In Re: Tonku Sk. & Ors on 5 February, 2020
1 05.02.202035
sdas allowed C.R.M. No. 1190 of 2020 In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.02.2020 in connection with Berhampore Police Station Case No. 31 of 2020 dated 07.01.2020 under Sections 447/379/427/34 of the Indian Penal Code.
And In Re: Tonku Sk. & Ors. ......... petitioners Mr. Sourav Chatterjee Mr. Asraf Mondal ...for the petitioners Mr. Avishek Sinha .... for the State It is submitted by the learned Counsel appearing for the petitioners that there is a family dispute between the parties and they have been falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission made on behalf of the petitioners relating to false implication, 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 sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the 2 Code of Criminal Procedure, 1973 and on further condition that they shall appear before the investigating officer and hand over their passports, if any, within four weeks from date. In the event they do not have passports, they shall personally appear before the investigating officer and furnish affidavits to that effect within the time frame mentioned hereinabove.
This application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)