Calcutta High CourtCRM (A)/2815/2023allowed

Ruhul Amin v. State Of West Bengal

2023-08-07Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

07.08.2023 (D/L 60) Ct. No.29 Allowed (SKB) CRM (A) 2815 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.264 of 2023 dated 06.03.2023 under Sections 498A/326/307 of the Indian Penal Code read with Section 3/4 of Dowry Prohibition Act. In the matter of : Ruhul Amin ... petitioner Mr. Sabyasachi Chatterjee, Mr. Omar Faruk Gazi ... for the petitioner Mr. Debabrata Chatterjee, APP Mr. Santanu Chatterjee ... for the State

1. Heard the learned Counsel for the parties.

2. The injury report in respect of the victim shows that there has been a simple injury in between her thumb and index finger by a sharp cutting weapon which opined is to be simple in nature.

3. The petitioner is the husband of the informant wife. The FIR has been lodged after 15 years of marriage as stated by learned counsel for the petitioner.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed supra and the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society, it is directed that

the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions:

i) The petitioner is directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

6. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

7. The application being CRM(A) 2815 of 2023 is disposed of.

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

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