Kunjalal Biswas & Another vs Unknown on 16 September, 2014

Calcutta High Court (Appellete Side)

Kunjalal Biswas & Another vs Unknown on 16 September, 2014
Author: Pranab Kumar Chattopadhyay
1

620 16.09.2014

CRM 11713 of 2014 BD Re: An application for bail under Section 438 of the Code of Criminal
Procedure filed on 29th August, 2014 in connection with Sankrail Police Station Case No. 432/2013
dated 03.07.2013 under Sections 498A/304B/302/34 of the Indian Penal Code read with Sections 3
& 4 of the Dowry Prohibition Act.

In the matter of : Kunjalal Biswas & Another.

... Petitioners Mr. Prabir Kr. Mitra, Mr. Achin Jana, Mr. Suman Chakraborty, ... For Petitioners Mr.
Prasun Dutta.

... For State Heard learned advocate of both the parties. Learned advocate of the petitioners submits
that the petitioners herein are the in laws of the victim.

Learned advocate of the petitioners further submits that the charge sheet has already been
submitted and other co-accused person is already on bail.

Learned advocate of the State does not dispute the aforesaid submissions made on behalf of the
petitioners.

Having considered the materials in the case diary and further considering the fact that the
petitioners are the in laws of the victim and furthermore the charge sheet has already been
submitted and other co-accused person is already on bail, we are of the view that detention of the
petitioners in this case is not necessary. There is also no apprehension of abscondence of the
petitioners.

We are, therefore, inclined to allow the prayer of the petitioners for anticipatory bail under Section
438 of the Code of Criminal Procedure, 1973.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing
a bond of Rs. 5,000/- (Rupees Five Thousand Only) each with one local surety of like amount each
to the satisfaction of the learned Chief Judicial Magistrate, Howrah and subject to conditions as laid
down in sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, allowed.

(Pranab Kumar Chattopadhyay, J) (Sudip Ahluwalia, J)

Indian Kanoon - http://indiankanoon.org/doc/26678877/ 1