Fatik Chandra Saha v. State Of West Bengal
25.11.2021 CRM 6178 of 2021 Court No.29 Item No.129 (Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Harischandrapur Police Station Case No. 577 of 2021 dated 06.08.2021 under Sections 498(A)/325/313 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.;
Saswata And In the matter of : Fatik Chand Saha
...Petitioner
Ms. Minoti Gomes ...For the Petitioner Mr. S.S. Imam Mr. S. Kundu ...For the State.
The petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. This is the second marriage for both the de facto complainant and the petitioner. The petitioner is a BSF personnel.
Learned advocate appearing for the State draws our attention to the contents in the case diary.
Considering the materials in the case diary and the gravity of the offence and the complicity of the petitioner, therein, we grant anticipatory bail to the petitioner.
The prayer for anticipatory is, thus, allowed. Accordingly, we 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, 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
(Via Video Conference) CRM 4351 of 2021 D) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Digha Costal Mohana Police Station Case No. 10 of 2021 dated 18.03.2021 under Sections 420/406/506/34 of the Indian Penal Code.; a Procedure, 1973 and on further condition that the petitioner shall meet And the Investigating Officer once in a month until further orders. In the matter of : Om Prakash Yadav & Anr.
The application for anticipatory bail is, thus, allowed.
...Petitioners
Mr. Samir Roychowdhury ...For the Petitioners (Debangsu Basak, J.) Mr. Md. Anwar Hossain Ms. Sreyashee Biswas Mr. Pratick Bose ...For the State.
(Bibahas Ranjan De, J.) The instant case is taken out of turn on the consent of both the parties.
Apprehending arrest in connection with Digha Costal Mohana Police Station Case No. 10 of 2021 dated 18.03.2021 under Sections 420/406/506/34 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
The learned Advocate for the petitioners submits that the instant case has been initiated against them in relation to a civil transaction when admittedly, the complaint is bereft of any ingredients concerning the charging Sections. It is submitted that an agreement for sale of a portion of the property was entered into with the petitioners and the de facto complainant and the entire consideration money was paid. The State opposes the prayer for bail and draws our attention to the complaint filed by the de facto complainant. After hearing respective counsels and on perusal of the complaint, we do not think that custodial interrogation of the petitioners is necessary and the petitioners may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioners