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Calcutta High CourtCRM (A)/165/2025allowed

Mukesh Sharma v. The State Of West Bengal

2025-01-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

16.01.2025 Sl. No.25 akd [ALLOWED] C. R. M. (A) 165 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.01.2025 in connection with Kulti Police Station Case No.616 dated 02.12.2024 under Sections 85/115(2)/74/316(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.4030 of 2024) And In Re: Mukesh Sharma ... ... Petitioner Mr. Sankar Nath Mukherjee Md. Farukh Rehan Mr. Saikat Pal Ms. Manisha Paswan ... ... for the petitioner Mr. Arani Bhattacharyya ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Allegations of torture are general and omnibus. Petitioner is the husband and the allegation of outraging modesty does not apply to him. Under such circumstances, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail however, subject to strict conditions.

3.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Mukesh Sharma, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall meet the Investigating Officer once in a week Signed By : ARUP KUMAR DAS High Court of Calcutta 16 th of January 2025 04:57:16 PM

until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 4.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 16 th of January 2025 04:57:16 PM