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Calcutta High CourtCRM/858/2021disposed

Ramesh Prasad Gupta And Another v. State Of West Bengal

2021-04-13Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh3 pages

13.04.2021 Item No.281 Ct.No.28 Subha Allowed C.R.M. 858 of 2021 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 Cr.P.C in connection with Ultadanga P. S. Case No. 392 of dated 21-12-2017 punishable under Sections 498A/406/506(II)/34 of the Indian Penal Code read with Section 3⁄4 of the Dowry Prohibition Act.

And In the matter of : Ramesh Prasad Gupta & Anr. .. Petitioners.

Mr. Debarshi Brahma ... For the Petitioners.

Ms. Sukanya Bhattacharya Mr. Kutubuddin ... For the State.

Apprehending arrest in connection with Ultadanga Police Station Case No. 392 of 2017 dated 21.12.2017 punishable under Sections 498A/406/506(II)/34 of the Indian Penal Code read with S.3/4 of the D. P. Act, the present application has been filed.

Mr. Brahma learned advocate appearing for the petitioners submits that the petitioner no.1 is the father-inlaw and the petitioner no. 2 is the husband of the complainant.

Learned advocate appearing for the petitioners submits that the investigation of the case has already been concluded and the charge-sheet has been submitted. Having regard to the fact that the petitioners have already complied Section 41A notice of the Code of Criminal Procedure as submitted by the learned advocate for the petitioners and the investigation having been concluded, we are of the opinion that custodial interrogation of the present petitioners are unwarranted and accordingly, the prayre for anticipatory bail of the present petitioners is allowed. Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioners, namely, 1. Ramesh Prasad Gupta & 2. Umed Chandra Jaiswal shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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.

This order of anticatpory bail will remain in force for a period of eight weeks from date within which the

petitioners will appear before the jurisdiction court and pray for regular bail.

The application for anticipatory bail, being CRM 858 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.)