Amal Sarkar v. State Of West Bengal

28.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 860 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1498 of 2022 dated 30.12.2022 under Sections 498A/323/325/494/506/34 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act.

And In Re : Amal Sarkar ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State This is the second police complaint at the behest of the present de-facto complainant under Section 498A of the Indian Penal Code, 1860.

In the previous police complaint, the petitioner was enlarged on bail.

Charge-sheet was submitted therein.

Considering the materials in the case diary and considering the fact that the present petition is second in point of time, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)