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Calcutta High CourtCRM/1252/2021allowed

Arjun Bera v. State Of West Bengal And ORS.

2021-07-28Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

5.

28-07-2021 (ct. no.32) debajyoti CRM 1252 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No.239 of 2020 dated 2509-2020 under Sections 498(A)/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

- A n d - In the matter of : Arjun Bera .... Petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee ... For the Petitioner.

Mr. S. S. Imam, Mr. S. Kundu ... For the State.

The petitioner is the husband of the sister-in-law of the victim. The petitioner submits that the sister-in-law has been granted bail earlier and he resided in a separate residence from that of the victim. He is innocent and has no involvement in the alleged incident.

The State refers to the Case Diary and opposes the prayer for anticipatory bail.

Having considered the material on record and in view of the fact that the petitioner resided separately from the victim and allegation against him is general and omnibus in nature, we are of the opinion that the custodial interrogation of the petitioner is not required immediately. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction

of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

The application for anticipatory bail being CRM 1252 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )