Calcutta High CourtCRM (A)/2322/2023allowed

Indranil Maity And ORS v. The State Of West Bengal

2023-06-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

21.06.2023 (D/L 187) Ct. No.29 Allowed (SKB) CRM (A) 2322 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Marishda Police Station Case No. 85 of 2023 dated 02.05.2023 under Sections 498A/307/34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.

In the matter of : Indranil Maity and others ... Petitioners Mr. Sounik Ganguli, Mr. Supriyo Shasmal ... for the petitioners Mr. Saswata Gopal Mukherji, ld. P.p.

Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State

1. Heard the learned Counsel for the petitioner as well as for the State.

2. On perusal of the entire materials placed before this Court, it reveals to this court that the allegations made out in the FIR though get some support from the materials as collected so far in course of investigation, but considering the facts that the injuries of the victim are not so serious and also considering the fact that the case arises out of matrimonial dispute, there is always a chance of compromise and keeping in mind that this is not a fit case for custodial interrogation, this court is inclined to allow the anticipatory bail.

3. It is ordered that each of the petitioners in the event of their arrest by the Arresting Officer shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with Marishda Police Station Case No. 85 of 2023 dated 02.05.2023 including the conditions that i) the petitioners shall appear before the I.O. for the purpose of investigation once in a fortnight on the day and time fixed by the I.O. ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

4. Within 21 days from today the petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM(A) 2322 of 2023 is disposed of.

7. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)