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Calcutta High CourtCRM/34/2021allowed

Anemesh Chandra Bhowmick@Animesh Ch Bhowmick v. State Of West Bengal

2021-01-13Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

13.01.2021 Court No.28 Item No. 91 Krishnendu ALLOWED C.R.M. 34 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Animesh Chandra Bhowmik @ Animesh Ch. Bhowmik ......Petitioner Mr. Apurba Kumar Datta ....For the Petitioner Mr. Imran Ali Mrs. Ratna Ghosh .......For the State Apprehending arrest in connection with Jamuria P. S. Case No. 346 of 2020 dated 25.11.2020 under sections 498A/386/494/120B of the Indian Penal Code, 1860 and under sections 3 and 4 of the Dowry Prohibition Act, the petitioner has filed the present application.

Mr.Dutta, learned advocate appearing for the petitioner submits that the marriage was solemnized way back in the year 2013. The petitioner has been falsely implicated in the criminal proceedings and there are no incriminating materials on record against the petitioner.

The learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having heard the learned advocates appearing for the respective parties and upon considering the materials in the case diary and the nature of allegations, we are of the opinion that custodial detention 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, one of whom must be local, 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 further condition that the petitioner will meet the Investigating Officer of the case once a week on a from 15th January, 2021 until further orders.

The application for anticipatory bail, being CRM No. 34 of 2021, is, thus, disposed of.

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