Calcutta High CourtCRM (A)/2892/2023allowed

Ejabul Hoque @ Ezabul Hoque v. State Of West Bengal

2023-08-08Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2892 of 2023 08.08.2023 ML. 120 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 237 of 2023 dated 18.02.2023 under Sections 498A/304B/306/34 of the IPC (corresponding to G.R. Case No. 992 of 2023, pending before the Learned C.J.M. Malda).

And In the matter of: Ejabul Hoque @ Ezabul Hoque ....petitioner.

Mr. Kalidas Saha ...for the petitioner.

Mr. Bidyut Kr. Roy Ms. Rita Datta ...for the State.

1. Heard learned Counsel for the parties.

2. The present petitioner is the father-in-law of the deceased who admittedly committed suicide by taking poison.

Allegation regarding torture and harassment of the deceased by the petitioner for fulfillment of demand of additional dowry is quite omnibus in nature as found from the statement of the witnesses recorded under Section 161 Cr.P.C.

3. Investigation is stated to have progressed substantially.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer 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 fact that:

i) the petitioner is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

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

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

7. The application being CRM (A) 2892 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

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