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Calcutta High CourtCRM/6366/2020allowed

Sandip Dutta @ Sandip Kr Dutta v. State Of West Bengal

2020-10-09Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Shivakant Prasad2 pages

9.10.2020 Item no. 5 Ct.11 FB/G. S. Das C.R.M. No.6366 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bansdroni P.S. Case No.

of dated 15.7.2020 under Section 498A/506/34/376/511 of the Indian Penal Code, 1860, ACGR 3132 of 2020.

And In the matter of:- Sandip Dutta @ Sandip Kr. Dutta & ors.

... Petitioners Mr. Jayanta Samanta Mr. Nitankar Dutta Banik .. for the petitioners Mr. Ashis Kr. Mukherjee ...for the Defacto-complainant Mr. P. K. Datta, APP Mr. Santanu Deb Roy ... for the State The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing.

Heard Learned Counsel for the petitioners.

Perused the case diary as produced by Learned State Counsel. Having regard to the materials on record, which disclose allegations and counter-allegations inter se the accused and the defacto-complainant, as well as the requirements of the investigation, this Court is of the view that the custodial interrogation of the petitioners is not warranted.

Accordingly, in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with one surety each, to the satisfaction of the arresting officer and on condition that petitioners shall not tamper with the evidence or intimidate the witnesses. Further, the petitioners shall make themselves available as and when required by the Investigating Officer of the case.

The aforesaid order of anticipatory bail shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

With these observations, CRM of stands accordingly disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent xerox certified copy of this order if applied for be supplied to the parties, subject to compliance with all requisite formalities.

(Shivakant Prasad, J.) (Subrata Talukdar, J.)