Ranjit Ratna v. State Of West Bengal

11.01.2022 Ct. No. 32 Sl. No.44 akd C. R. M. 8177 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure :

And In Re: Ranjit Ratna ... ... Petitioner Mr. Sumanta Chakraborty ... ... for the petitioner Mr. Arijit Ganguly Mrs. Sujata Das ... ... for the State Apprehending arrest in connection with Uttarpara Police Station Case No.457 of 2021 dated 08.11.2021 under Sections 498A/406/307 of the Indian Penal Code, the present application has been preferred.

Mr. Chakraborty, learned advocate appearing for the petitioner, submits that the petitioner has been falsely implicated in the alleged incident which occurred about 21 years after his marriage with the victim. The allegations are omnibus in nature. No overt act has been attributed to the petitioner. In the said conspectus, custodial interrogation is not warranted.

Mrs. Das, learned advocate appearing for the State, opposes the petitioner's prayer and draws our attention to the statements of witnesses and the injury report.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of accusations, the injury report and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation is not warranted.

Accordingly, we allow this application and direct that in the event of arrest, the petitioner, namely, Ranjit Ratna, 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 a 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 and on further condition that the petitioner shall meet the Investigating Officer once in a week till investigation is complete.

It is further directed that the petitioner shall attend the learned court below on all the dates as specified for hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned court below would be at liberty to cancel his bail, in accordance with law, without any further reference to this court.

The application for anticipatory bail, being CRM 8177 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.)