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Calcutta High CourtCRM (A)/3196/2023allowed

Raju Ghorai v. State Of West Bengal

2023-08-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

04.08.2023 Sl. No.2 akd [ALLOWED] C. R. M. (A) 3196 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25.07.2023 in connection with Bankura Women Police Station Case No. 55 of 2023 dated 26.04.2023 under Sections 498A/323/307/506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.599 of 2023) And In Re: Raju Ghorui ... ... Petitioner Mr. Abhinaba Dan ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Aniket Mitra Ms. Jonaki Saha ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Petitioner is the brother-in-law of the victim-housewife. Allegations of torture are general and omnibus. Injuries are simple. Keeping in mind the aforesaid facts and the extent of complicity of the petitioner in the alleged crime, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Raju Ghorui, 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 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 appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)