Atanu Dutta And ORS v. State Of West Bengal

06.06.2022 cm/ct 28 C.R.M. (A) No. 2267 of 2022 sl no. 48 In Re : An application for bail under section 438 of the Code of Criminal Procedure in connection with Goghat P.S Case No. 97 of 2022 dated 18.04.2022 under Sections 498A/406 of the Indian Penal Code. And In Re : Atanu Dutta & Ors.

..... petitioners Ms. Pampa Dey (Dhabal) ... for the Petitioners.

Ms. Kum Kum Mitra ...... for the State It is submitted on behalf of the petitioners that the instant case arose out of a domestic quarrel and streedhan articles have been recovered.

Learned lawyer for the State produces the case diary. We have considered the materials on record. We find the allegations of torture are general and omnibus in nature. Sreedhan articles have already been recovered. Hence, we are of the opinion custodial interrogation is not necessary and petitioners may be granted pre-arrest bail.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2267 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)