Allowed an application for anticipatory bail under Section 438 CrPC, directing release upon executing a bond with sureties and appearing daily in court, despite the gravity of the alleged offence.
Anticipatory bail granted upon furnishing a bond of Rs. 10,000 with two sureties and complying with daily appearance conditions.
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28.03.2022 Serial no. 158 [Dd] (anticipator bail Allowed )
CRM(A) 49 of 2022
In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 166 of 2021 dated 08.05.2021 under Sections 498(A), 302, 304B of the Indian Penal Code.
-And-
In the matter of : Balai Sarkar
… … Petitioner
Mr. Kazi Mokhlasur Rahman,, Advocate
… … For the Petitioner
Mr. Tanmay Kr. Ghosh, Mr. Arindam Sen, Advocates … …For the State
Considering the fact that police filed charge sheet stating that the death was due to suicide and considering the gravity of the offence and the involvement of the petitioner therein, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner 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 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 petitioner 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
2
cancelling the anticipatory bail granted without further reference to this Court.
Prayer for anticipatory bail of the petitioner is allowed .
CRM(A) 49 of 2022 is disposed of .
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether anticipatory bail should be granted in connection with an inquest report suggesting suicide yet involving the petitioner in an offence under Sections 302 and 304B of the IPC.
3 provisions across 2 enactments
Balai Sarkar
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
