Calcutta High Court (Appellete Side)
Sandip Naskar & Anr vs Unknown on 18 October, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
C.R.M. (A) 5020 of 2022 18.10.2022
Sl. 33 Court No.29 In Re: - An application for anticipatory bail under Section 438 of Sourav/ the Code of Criminal Procedure in connection with Sankrail Suvayan Police Station Case No. 950 of 2022 dated 11.09.2022021 (Allowed) under Sections 306/34 of the Indian Penal Code.
And In the matter of: Sandip Naskar & Anr.
....petitioners.
Mr. Ashok Das Ms. Ayana Dey ...for the petitioners.
Mr. Rudradipta Nandy Mr. Anindya Sundar Chatterjee ...for the State.
Petitioners seek anticipatory bail. The victim apparently committed suicide as transpiring from the Post Mortem Report.
There is a suicide note left behind by the victim. The petitioners before us are the brother-in-law and the wife of the brother-in-law of the victim.
The wife of the victim instituted a proceeding under Section 498A of the Indian Penal Code against the victim.
Considering the materials in the case diary and considering the gravity of the offence and Post Mortem Report of the victim and the relationship of the petitioners with the victim, 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), with two sureties of like amount each, to the satisfaction of the Arresting Officer 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 will report before the Investigating Officer once a fortnight till the 2 conclusion of the investigation and the petitioner no. 2 shall co- operate 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 petitioner 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.
C.R.M. (A) 5020 of 2022 is, thus, disposed of.
(Debangsu Basak, J.) (Ajay Kumar Gupta, J.) 3