Goutam Kuamr Kar And ANR v. State Of West Bengal
S.K/ S.M 08.06.2021 Ct. No.28 (Allowed) C.R.M. 2433 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05/03/2021 in connection with Bankura Women P.S. Case No. 17 of 2020 dated 03/03/2020 under Sections 498A/323/406/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act, 1961.
And In the matter of: Goutam Kumar Kar & Anr.
....petitioners.
Mr. Soumik Ganguli, Mr. Sourat Nandi, Mr. Sayan Roy ...for the petitioners.
Mr. Tanmay Kumar Ghosh, Mr. Arindam Sen ...for the State.
The application for anticipatory bail under Section 438 CrPC has been filed apprehending arrest in connection with Bankura Women P.S. Case No. 17 of 2020 dated 03.03.2020 under Sections 498A/323/406/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioners that they have been cooperating with the investigation.
Counsel for the State confirms the same.
It is further submitted that one of the other coaccused/husband was granted pre-arrest bail yesterday in C.R.M. 2432 of 2021.
Under such circumstances, this Court is of the view that the petitioners are entitled to get pre-arrest bail. Accordingly, in the event of arrest, the petitioners shall be
released on bail subject to satisfaction of conditions under Section 438 (2) of CrPC, 1973 and upon furnishing Bond of Rs.
25,000/- (Rupees Twenty Five Thousand Only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Investigating Officer, subject to condition that the petitioners shall appear before the trial Court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioners shall not enter the jurisdiction of the police station except for the purpose of investigation and attending Court proceedings and shall provide the address where they shall reside while on bail to the investigating officer as well as the court below and shall report to the officer-in-charge of the concerned police station within whose jurisdiction they shall reside once in a week until further orders.
The petitioners shall surrender their passport to the I.O. and if they do not poses a passport shall submit an affidavit to that effect before the I.O. In the event of arrest the petitioners fail to appear before the trial Court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this court.
The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Biswajit Basu, J.) (Rajasekhar Mantha, J.)