Sumit Gupta v. State Of West Bengal

07.06.2022 tkm/ct 28 C.R.M. (A) 2360 of 2022 sl no.56 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raiganj P.S case no. 283 of 2022 dated 10.3.2022 under sections 498A/323/354/34 of the Indian Penal Code And Allowed In Re : Sumit Gupta ...... petitioner Mr. M N Chowdhury Mr. S. Khandakar ...... for the petitioner Md. Anwar Hossain Ms. Sreyashee Biswas ...... for the State It is submitted on behalf of the petitioner that the incident occurred 17 years after marriage. Allegations of torture are out and out false.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. Allegation of torture by the petitioner is general and omnibus. Specific allegation of assault is leveled against co-accused Amit Gupta, brother in law of the victim lady.

Under 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/- 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 while on bail

shall meet the investigating officer once in a week until further orders.

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

The application being CRM (A) 2360 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)