Kaustov Bhattacharya v. State Of West Bengal

01.08.2022 Serial No.21 KS CRM (A) 3644 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Narendrapur Police Station Case No.429 of 2022 dated 04.05.2022 under Sections 498A/ 406/ 365 of the Indian Penal Code.

-AndIn the matter of: Kaustov Bhattacharya ... ... Petitioner Ms. Tanima Biswas ..... For the Petitioner Ms. Sayani Santra .....For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was living separately than the family of the de facto complainant. He submits that even on the date of incident, the petitioner was not present in Kolkata as he was transferred to Bangalore.

Learned advocate for the State draws the attention of the Court to the materials in the case diary.

The husband of the de facto complainant is still absconding. The father-in-law of the de facto complainant was arrested and was enlarged on bail by the Jurisdictional Court within three days. Apparently, the petitioner was living separately than the family of the de facto complainant.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the Investigating Officer at such time and place as may be specified by the Investigating Officer till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3644 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)