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Calcutta High CourtCRM (A)/2714/2022allowed

Anup Bhunia @ Anup Kumar Bhunya v. The State Of West Bengal

2022-06-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

15.06.2022 SL No.153 Ct. 28 Saswata CRM (A) 2714 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bidhannagore Women P.S.

Case No.

12/2022 dated 29.03.2022 under Sections 498A/ of the Indian Penal Code, 1860 Section 406 of the Indian Penal Code.

And In the matter of: Anup Bhunia @ Anup Kumar Bhunya ....Petitioner Mr. Apalak Basu Mr. Nazir Ahmed Mr. Subhradeep Koley ...for the Petitioner Mr. Goutam Wilson ...for the State.

We have considered the materials on record. Allegations of torture are general and omnibus in nature. The incident occurred 11 years after marriage.

Keeping in mind the aforesaid facts, we are of the opinion though custodial interrogation of the petitioner is not necessary, the petitioner requires to cooperate with investigation and assist in therecovery of personal belongings complainant and minor child, if any, in accordance with law.

The prayer for anticipatory bail is thus allowed. Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a Bond of Rs. 10,000/- (Rupees Ten thousand only) each with two sureties of like amount each one of whom must be local, 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 and on further condition that the petitioner shall appear

before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a week or until further orders.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)