Golden Kumar Singh @ Golden Kr. Singh v. The State Of West Bengal And ANR

20.08.2024 SL No.4 Court No.29 (gc) (Allowed) CRM (A) 2647 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Hirapur Police Station Case No.170 of 2024 dated 20.06.2024 under Sections 498A/323/325/307/406 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act, 1961.

And In the matter of : Golden Kumar Singh @ Golden Kr. Singh - Petitioner.

Mr. Sourav Chatterjee, Mr. Avik Ghatak, Mr. Sagnik Mukherjee ....For the Petitioner.

Mr. Subrata Roy, Mr. Santanu Deb Roy ... For the State.

Mr. Kalyan Chatterjee ...For the Victim/De facto Complainant.

1. The report filed by the Investigating Officer shows that the elder brother of the victim Rajeev Kr. Singh has received the intimation.

2. The victim is represented by Mr. Kalyan Chatterjee, Advocate appointed by the Calcutta High Court Legal Services Committee. The learned Counsel, however, submits that he has not yet received any instruction either from the victim or from the elder brother.

3. The learned Counsel for the petitioner submits that after 9 years of marriage, due to matrimonial dispute, a false complaint has been lodged against the petitioner. The petitioner has filed a supplementary affidavit disclosing remittance to the account of the de facto complainant and also purchase of immoveable property in the name of the de facto complainant to demonstrate the falsity of the allegations.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 21 st of August 2024 11:35:53 AM

4. The learned Counsel for the State and the de facto complainant have opposed the prayer for anticipatory bail.

5. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence, the nature of injury and the documents disclosed in the supplementary affidavit, we are of the view that custodial interrogation of the petitioner is not necessary.

6. Accordingly, we direct that in the event of arrest, the petitioner, namely, Golden Kumar Singh @ Golden Kr. Singh, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and the petitioner shall meet the I.O. once in a week till the submission of the final report.

7. It is further directed that the petitioner shall appear before the learned Chief Judicial Magistrate, Paschim Bardhaman, Asansol in connection with G.R. Case No.1535 of 2024 within two weeks from date.

8. Accordingly, the application for anticipatory bail is disposed of.

9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 21 st of August 2024 11:35:53 AM