← Library
Calcutta High CourtCRM/737/2021allowed

Arijit Paul (Wrongly Described As Arijit Pal) And ORS. v. State Of West Bengal

2021-04-09Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh3 pages

09.04.2021 Court No.28 Item No. 270 Krishnendu ALLOWED C.R.M. 737 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Arijit Paul & Ors.

......Petitioners Mr. Arindam Sen Mr. Saurav Basu .....For the Petitioners Mr. Anowar Hossain Mrs. Ratna Ghosh .......For the State Apprehending arrest in connection with Dankuni Police Station Case No. 186 of 2020 dated 12.10.2020 under sections 498A/406 of the Indian Penal Code, the petitioners have filed the present application.

The petitioners are the husband, father-in-law and mother-in-law respectively of the complainant. The learned advocate for the petitioners submits that the present case was registered as a counterblast to the matrimonial suit, which was initiated at the instance of the husband. Additionally, the learned advocate submits that the petitioners are innocent of the charges and have been falsely implicated in this case.

The learned advocate appearing for the State produces the case diary and draws the attention of this Court to the statements of the witnesses.

We have perused the materials on record and we find that certain seizures have already been effected in course of investigation and the

allegations are general in nature without attributing any specific overt act to any of the accused persons.

Having regard to the same, we are of the opinion that custodial detention of the petitioners is unwarranted in the facts and circumstances of this case.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Arijit Paul, Asit Kumar Paul and Smt. Anamika Paul, shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 with a further condition that the petitioner no. 1 shall meet with the Investigating Officer of this case once a month for the next four months on and from 16th April, 2021. The application for anticipatory bail, being CRM No. 737 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)