Calcutta High CourtCRM (A)/460/2022allowed

Jayanta Hazra @ Joyonta Hazra @ Joyonta Kumar Hazra v. State Of West Bengal

2022-03-01Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

CRM(A) No.460 of 2022 Via video conference 01.03.22 (S.R.) Sl.57 Ct.32 Allowed In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Daspur Police Station Case No.13 of 2021 dated 05.01.2021 under Sections 498A/308/406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act;

And In re: Jayanta Hazra @ Joyonta Hazra @ Joyonta Kumar Hazra ... petitioner.

Mr. Suman De Miss. Pramita Banerjee ... for the petitioner.

Mr. Z.N. Khan Ms. Sujata Das ...for the State.

Heard the learned lawyer appearing for the petitioner and perused the case diary.

It appears that investigation is complete and charge sheet has been filed.

Considering the extent of incriminating elements, complicity of the petitioner and the statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure along with the medical documents, we are of the considered opinion that custodial interrogation is not necessary, as investigation is complete. Accordingly, we direct that in the event of arrest the petitioner will 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 with a further condition that the petitioner shall attend the learned court below on all the dates, as specified for hearing. It is further directed that the petitioner shall not intimidate the

witnesses or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the petitioner's bail without any further reference to this Court.

The application for bail being CRM(A) No.460 of 2022 is, accordingly, 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.)