Allowed

Parul Sardar and Anr. v. State of West Bengal and Anr.

Calcutta HC11 Apr 2022CRM (A)/1652/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail under Section 438 CrPC to petitioners involved in a police complaint alleging assault. The Court imposed conditions including a bond with sureties, daily appearance before the jurisdictional court, and cooperation with investigation.

What did the court decide?

Petitioners granted anticipatory bail subject to bond of Rs. 10,000 each with two sureties of like amount, daily appearance, and investigation cooperation.

Parul Sardar and Anr. Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2022)

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11.04.2022 Serial no. 21 [Dd] (Anticipatory Bail Allowed )

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CRM (A) 1652 of 2022

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In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Patuli Police Station Case No. 185 of 2021 dated 05.11.2021 under Sections 448/380/354/385/307/324/376D/427/34 of the Indian Penal Code.

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-And-

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In the matter of : Parul Sardar & Anr.

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… … Petitioners

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Mr. Angsuman Chakraborty,

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Mr. S.S. Saha, Advocates … … For the Petitioners

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Mr. S. S. Imam, Jr. Govt. Advocate Mr. R. Jana, Advocates … …For the State

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Petitioners seek anticipatory bail.

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Learned advocate appearing for the petitioners submits that the family of the de facto complainant was the tenant under the family of the petitioners. The tenant was sought to be evicted when, the present police complaint was falsely instituted.

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Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. In the complaint lodged with the police there is an acknowledgement of landlord-tenant relationship. It is also claimed that the petitioners assaulted the family of the de facto complaint with an iron rod on the head, waist and the leg. The injury reports of the victims does not corroborate such a claim.

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Considering the gravity of the offence and the involvement of the petitioners therein, we are inclined to grant anticipatory bail to the petitioners.

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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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall cooperate with the investigation till its completion and on further 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.

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Prayer for anticipatory bail of the petitioners is allowed .

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CRM (A) 1652 of 2022 is disposed of .

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Parul Sardar and Anr. v. State of West Bengal and Anr.

Case brief

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What did the court decide?

Parul Sardar and Anr. v. State of West Bengal and Anr.

Case brief

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What did the court decide?

What the court decided

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