Prabhas Dhara@Provash Dhara And ANR v. State Of West Bengal
04.01.2022 IN THE HIGH COURT AT CALCUTTA Sl.No. 278 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No. 32 APPELLATE SIDE Amalranjan (Via Video Conference) CRM No. 7851 of 2021 Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
Allowed In the matter of : Prabhas Dhara @ Provsh Dhara & Anr. ..... Petitioners Mr. Sandip Chakraborty Mr. Kaustav Das ...for the Petitioners Mr. Prasun Kr. Datta Mr. Nirupam Dhali ...for the State On the prayer of the learned advocate appearing for the petitioners, leave is granted to correct the cause title of the application.
Apprehending arrest in connection with Joypur Police Station Case No. 101 of 2021 dated 17.06.2021 under Sections 498A/304B of the Indian Penal Code, and 3/ 4 of the D.P. Act and Prohibition of Child Marriage Act, 2006, the petitioner has filed the present application. Mr. Chakraborty, learned advocate appearing for the petitioners submits that the petitioner no. 1 is the father-inlaw and the petitioner no. 2 is the married sister-in-law of the victim. They have been falsely implicated in the instant case
and no overt act has been attributed to them and as such their custodial interrogation may not be necessary since upon completion of investigation chargesheet has already been submitted.
He further submits that the husband and the motherin-law of the victim have already been granted regular bail by the learned court below.
Mr. Datta, learned advocate appearing for the State opposes the petitioners' prayer and submits that there are incriminating materials on record against the petitioners and as such they are not entitled the relief as prayed for. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that their custodial interrogation is not necessary, more so when upon completion of investigation chargesheet has been submitted. Prima facie, there is also no possibility that the petitioners would flee from justice or would delay the trial by abscondence.
Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, 1. Prabhas Dhara @ Provsh Dhara, 2. Puja Dhara shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and subject
to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
It is further directed that the petitioners shall not tamper with the evidence and/or intimidate the witnesses. They shall also attend learned court below on all the dates, as specified for hearing.
In the event, the petitioners fail to comply with the aforesaid directions, without any justifiable case, the learned court below shall be at liberty to cancel their bail, in accordance with law, without further reference to this court. The application for anticipatory bail, being CRM 7851 of 2021, is, thus, disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)