Samar Tarafdar v. State Of West Bengal

15.07.2024 Court No.29 Item No. 76 Allowed ar CRM (A) 1966 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Mogra Police Station Case No. 172 of 2024 dated 15.04.2024 corresponding to G.R. Case No. 1243 of 2024 under Sections 498A/406 of the Indian Penal Code.

And In Re: Samar Tarafdar Petitioner Mr. Saryati Datta Mr. Chitrak Biswas For the Petitioner Ms. Sujata Das Ms. Poulami Bose For the State

1. The petitioner is the father-in-law of the de-facto complainant. Learned counsel for the petitioner submits that all the allegations leveled against his son.

2. Learned counsel for the State has produced the case diary.

3. Considering the materials available in the case diary it appears that the main allegation is leveled against the husband of the de-facto complainant and the fact that the charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Samar Tarafdar shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall Signed By :

AMITAVA ROY High Court of Calcutta 16 th of July 2024 02:33:15 PM

appear before the learned Chief Judicial Magistrate, Sadar Court, Hooghly corresponding to G.R. Case No. 1243 of 2024 within two weeks from date and the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is further ordered that the petitioner shall appear on every date before the aforesaid Court on and from the date fixed for appearance of the accused. In the event of noncompliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar , J) Signed By :

AMITAVA ROY High Court of Calcutta 16 th of July 2024 02:33:15 PM