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Calcutta High CourtCRM (A)/209/2023allowed

Tafejul Sk@Mondal v. State Of West Bengal

2023-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 209 of 2023 07.02.2023 Sl.1 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No.179 of 2020 dated 04.08.2020 under Sections 498A/325/326/307/34 of the Indian Penal Code. And In the matter of: Tafejul Sk. @ Mondal ....petitioner.

Ms. Minoti Gomes Mr. Asraf Mandal ...for the petitioner.

Mr. Imran Ali Ms. Debjani Sahu ...for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the State submits that subsequent to the order dated January 17, 2023, the de facto complainant and her mother recorded statements under Section 164 of the Code of Criminal Procedure. She draws the attention of the Court to the copy of the statements recorded under Section 164 of the Code of Criminal Procedure of such two persons. It appears from such statements that, de facto complainant is residing at her matrimonial home for a period of one year. She claims that the disputes were solved.

The police filed charge sheet.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we 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 to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 209 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)