Debraj Chowdhury v. State Of West Bengal

15.03.2022 Item no.33 Court No.32 Avijit Mitra C.R.M.(A) 721 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Berhampore Police Station Case No.68 of 2022 dated 12.01.2022 under Sections 498A/406/34 of the Indian Penal Code;

And In Re : Debraj Chowdhury @ choudhury .... petitioner Mr. Priyanjit Kundu, Ms. Snigdha Saha ....for the petitioner Mr. Sekhar Barman ...for the State Leave is granted to amend the cause title of the application. Heard the learned lawyers for the petitioner as well as the State. Perused the case diary. The allegation against the present petitioner, being the husband of the complainant, is omnibus in nature. Other co-accused namely, brother and mother of the petitioner have been granted anticipatory bail by the learned Court below. On perusal of the case diary and other materials, we find that this is a fit case where anticipatory bail may be granted to the present petitioner. In view thereof, we allow the anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioner namely, Debraj Chowdhury @ choudhury, 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 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 meet the Investigating Officer once a week till the investigation is complete.

The petitioner shall attend the learned Trial Court on all the dates as specified for hearing.

The petitioner shall not intimidate the witnesses and/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. Accordingly, the application for anticipatory bail being C.R.M.(A) 721 of 2022 is 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.)