Sufal Das v. State Of West Bengal

18.01.2021 Item No.199 Ct.No.28 s.d.

Allowed C.R.M. 177 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Sufal Das ... Petitioner. Mr. Kalidas Saha ... For the Petitioner.

Mr. S. S. Imam Ms. Sonali Bhar ... For the State. Apprehending arrest in connection with Malda Police Station Case No. 773 of 2020 dated 27-12-2020 under Sections 498A/325/308/506 of the Indian Penal Code (G. R. Case No.5935 of 2020), the present application has been filed.

Learned advocate appearing for the petitioner submits that the petitioner's marriage with the de facto complainant was solemnized 10 years ago and they have two children. The complaint has been lodged in the year 2020 and the allegations contained in the same are unfounded and as such custodial detention is not warranted. Learned advocate for the State opposes the petitioner's prayer.

Having heard the learned advocates and 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 for anticipatory bail and 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, 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 a further condition that the petitioner shall meet with the Investigating Officer of the case once a week on and from 25th January, 2021, until further orders.

The application for anticipatory bail, being CRM 177 of 2021 is, thus, disposed of.

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