Calcutta High Court (Appellete Side)
25.12.2019 Under Sections 436/34 Of The ... vs In Re: Shikha Ganguli & Anr on 13 February, 2020
1 13.02.202033
sdas allowed C.R.M. No. 1470 of 2020 In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 07.02.2020 in connection with Dinhata Police Station Case No. 542 of 2019 dated 25.12.2019 under Sections 436/34 of the Indian Penal Code.
And In Re: Shikha Ganguli & Anr. ......... petitioners Mr. Pronojit Roy ...for the petitioners Mr. Ashok Das .... for the State Mr. Arnab Saha .... for the defacto complainant It is submitted by the learned Counsel appearing for the petitioners that there is a civil dispute between the parties and they have been falsely implicated in the instant case.
Learned Counsel appearing for the defacto complainant opposes the prayer for anticipatory bail.
Learned Counsel appearing for the State also opposes the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of allegations and as no one was injured in the course of the incident, 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 2 arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further conditions that they shall not enter the jurisdiction of Dinhata Police Station except for the purpose of investigation and/or attending the Court proceedings and shall provide the address where they shall reside to the investigating officer as well as the Court below. They shall meet the officer-in-charge of the concerned police station where they shall reside once in a week until further orders and shall appear before the investigating officer and shall hand over their passport, if any, to the investigating officer within two 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.)