Ritaja Bhadra v. State Of West Bengal And ANR

01.05.2023 tkm/ct 28 C.R.M. (DB) 459 of 2023 sl no. 73 In Re : An application for cancellation of bail under section 439 (2) of the Code of Criminal Procedure And In Re : Ritaja Bhadra ..... petitioner Mr. Anirban Dutta Mr. A Roy Mr. A Jena ...... for the petitioner Mr. Debasis Roy Mr. A Ghosh Mr. Sreemoye Roy ...... for OP no. 2 Ms. Sreyashee Biswas ...... for the State Petitioner has assailed order dated 2.12.2022 passed by the learned Sessions Judge-in-Charge, North 24 Parganas granting bail to opposite party no. 2.

It is contended opposite party no. 2 had induced petitioner to marry her on false pretext. He had used a forged Indonesian passport. He had also purportedly forged orders of the Hon'ble Apex Court. He had misappropriated large funds of money. His bail has been turned down in October 2022.

Petitioner also submits he has prayed for further investigation.

Learned lawyer for opposite party no. 2 submits that there was matrimonial dispute between the parties. He denies and disputes the allegations levelled against him. He contends investigation is compete and further detention is not necessary.

Learned lawyer for the State submits conditions may be imposed on the opposite party no. 2.

We have considered the materials on record. There is a matrimonial dispute between the parties. They had married each other in 2021. FIR came to be registered in May 2022. Allegation that there was false representation at the time of matrimony requires to be assessed with regard to filing of FIR after a lapse of 11⁄2 years. Allegation of forgery revolves around documents most of them are in the custody of the investigating agency. Custodial interrogation in that regard is not necessary. Offences are triable by Magistrate.

In view of the nature of crime and the law declared in Satender Kumar Antil vs. CBI1 we are of the opinion cancellation of bail is not called for. However, we find sufficient force in the submission of the learned lawyer for the State that appropriate conditions be imposed on the opposite party no. 2 so as to ensure his presence during further investigation/trial. We take note of the fact that passport of opposite party no. 2 is in the custody of the trial court. However, to ensure his presence during further investigation (if any, and/or trial) and to instill confidence in the mind of the petitioner and her witness we direct opposite party no. 2 while on bail, shall not enter the jurisdiction Laketown P.S until further orders expect for the purpose of further investigation and shall reside within the municipal limits of Kolkata North or South 24 Parganas and shall provide address where he 1 (2022) 10 SCC 51

shall reside to the investigating agency as well as the court below and shall report to the Officer-in-Charge of the P.S concerned within whose jurisdiction he shall presently reside once in a week until further orders.

With the above directions, CRM (DB) 459 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)