Kuntal Kumar Ghosh v. State Of West Bengal

24.02.2022 Court No.32 rpan / 04 CRM (A) 138 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re.: Kuntal Kuamr Ghosh - Petitioner Mr. Sudip Ghosh Chowdhury, Mr. Argha Das, Mr. Abhishek Bose ... for the Petitioner.

Mr. Tanmay Kumar Ghosh, Ms. Sima Biswas ... for the State.

Apprehending arrest in connection with Chanditala Police Station Case No.484 of 2021 dated 10.12.2021 under Sections 498(A)/406 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, the petitioner has filed the present application.

Mr. Ghosh Chowdhury, learned advocate appearing for the petitioner submits that the petitioner has complied with the earlier directions contained in the order of this Court dated 01.02.2022 and has also returned the streedhan articles. Such contention has not been disputed by Mr. Ghosh, learned advocate appearing for the State. Let the report and the seizure list, as produced, be kept on record. Having heard the learned advocates and considering the materials in the case diary, the nature of accusations and as the petitioner has complied with the earlier directions of this Court, we are of the opinion that custodial interrogation is not necessary.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Kuntal Kuamr Ghosh, 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.

It is further directed that the petitioner shall attend the learned court below on all the dates, as specified for hearing and shall not tamper with the evidence and/or intimidate the witnesses in any manner whatsoever.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM (A) 138 of 2022 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)