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Calcutta High CourtCRM (A)/1064/2023allowed

Shambhu Charan Payra v. State Of West Bengal

2023-03-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

14.03.2023 Serial no. 50 [Dd] (Anticipatory bail) Allowed) CRM (A) 1064 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kultali Police Station Case No. 703 of 2022 dated 11.11.2022 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Shambhu Charan Payra ... ... Petitioner Mr. Angsuman Chakrabroty, Mr. S.S. Saha, Advocates ... ... For the Petitioner Ms. Sutapa Banerjee , Advocate ... ...For the State Apparently, the victim committed suicide.

The petitioner is claimed to be the paramour of the victim. At this stage, the materials in the case diary do not suggest requirement of custodial interrogation of the petitioner. In such circumstances, we are inclined to 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/- (Rupees Ten Thousand Only), 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1064 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)