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Calcutta High CourtCRM/1275/2021allowed

Malindranath Ghosh@Molin Ghosh v. State Of West Bengal

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

8.

28-07-2021 (ct. no.32) debajyoti (Through Video Conference) CRM 1275 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No.347 of 2020 dated 18-10-2020 under Sections 498A/304B/34 of the Indian Penal Code.

- A n d - In the matter of : Malindranath Ghosh @ Molin Ghosh .... Petitioner.

Mr. Anisur Rahman ... For the Petitioner.

Mr. Rana Mukherjee, learned APP, Mr. Arijit Ganguly, Ms. Debjani Sahu ... For the State.

The petitioner is the elder brother of the husband of the victim.

Learned counsel for the petitioner submits that the husband of the victim was arrested and then was enlarged on bail. There is no direct involvement of the petitioner in the alleged crime.

Learned advocate for the State submits that there are statements of neighbours that the petitioner used to instigate the victim's husband to torture the victim.

We have considered the material on record and the facts and circumstances of the case. We are of the view that the petitioner need not be taken into custody immediately so long as he cooperates with the investigating authority. We also notice that the charge-sheet has been submitted.

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 1275 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. )