Shyamal Das v. State Of West Bengal

03.06.2024 Court No.08 Item. 10 (Suvendu /Sandip) CRM(A) 1916 OF 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Tehatta Police Station Case No. 120 of 2024 dated 20.02.2024 under Sections 498A/325/307/34 of the IPC read with Sections 3/4 of the Dowry Prohibition Act corresponding to SL No. 353 of 2024 pending before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia And In the matter of: Shyamal Das ....petitioner Mr. Atis Kumar Biswas Mrs. Jyoti Agarwal For the Petitioner.

Mr. Rana Mukherjee Mr. Samarjit Balial For the State.

1.

Heard the parties.

2.

Perused the Injury Report, statements under Section 161 Cr.P.C., FIR and other materials in the Case Diary. 3.

In this matter the co-accused persons have already been enlarged on bail by the Learned Sessions Court. 4.

On perusal of the FIR and the materials available in the Case Diary, it appears that the petitioner is similarly situated with the other co-accused persons. There is no specific charge against the petitioner.

5.

In the facts and circumstances of the case, we are of the view that the custodial interrogation of the petitioner is

not necessary. Hence, the petitioner is granted anticipatory bail.

6.

We accordingly direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

7.

The petitioner upon being released on bail shall meet the Investigating Officer once in a week and shall not meet the de facto complainant and other person acquainted with the facts of this case and shall not enter the area where the occurrence took place for a period of four weeks after being released on bail.

8.

The application for anticipatory bail being CRM(A) 1916 of 2024 is allowed and disposed of in terms of the above.

(Biswaroop Chowdhury, J.) (Ravi Krishan Kapur, J.)