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Calcutta High CourtCRM/5640/2021allowed

Sanjoy Nag And ANR v. State Of West Bengal

2021-09-06Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee1 pages

06.09.2021 tkm/ct 29 C.R.M. 5640 of 2021 sl no. 30 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ghola P.S Case no. 514 of 2021 dated 12.8.2021 under sections 498A/323/406/506/34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act And Allowed In Re : Sanjoy Nag & Anr.

...... petitioners Mr. R Sinha ...... for the petitioners Mr. Binay Panda Mr. S Bhakat Ms. Puspita Saha ...... for the State Petitioners seek anticipatory bail.

Learned advocate for the petitioners submits that there are two civil suits pending between the petitioner no. 1 and the de facto complainant. He submits that there is a petition for grant of divorce filed by the petitioner against the de facto compliant. Learned advocate for the State opposes the prayer for anticipatory bail and submits that the investigations are at the preliminary stage.

Having considered the materials in the case diary and bearing in mind the nature of allegations, we are of the opinion though custodial interrogation of the petitioners is not necessary, they are required to co-operate with investigation in accordance with law.

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 and on further condition that the petitioner no. 1 while on bail, shall meet the investing officer once in a week until further orders. Petitioners shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM 5640 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)