Gunadhar Samanta v. State Of West Bengal

11.01.2021 Court No.28 rpan / 99 CRM No.14 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Gunadhar Samanta ....Petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee ....For the Petitioner Mr. S. G. Mukherjee, Ld. P.P., Mr. Partha Pratim Das, Mrs. Manasi Roy ... for the State Apprehending arrest in connection with Khanakul P. S. Case No. 259 of 2020 dated 15.10.2020 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the D. P. Act, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner is the father-in-law of the victim girl. There is no incriminating material against the petitioner and he has been falsely implicated in the proceedings. Learned advocate appearing for the State denies the contention of the petitioner.

Upon considering the materials in the case diary, 161 statements and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, we allow the application and direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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.

The application for anticipatory bail, being CRM 14 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)