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Calcutta High CourtCRM/8229/2021allowed

Utpal Roy v. State Of West Bengal

2021-12-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

17.12.2021 cm/ct 28 CRM 8229 of 2021 sl no. 113 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Palashipara P.S Case No. 338 dated 01.09.2021 under Sections 498A/307/34 of the Indian Penal Code.

And Allowed In Re : Utpal Roy ..... petitioner Mr. Asraf Mondal ...... for the petitioner Mr. Anowar Hossain Ms. Ratna Ghosh ...... for the State It is submitted on behalf of the petitioner incident occurred 9 years after marriage.

Learned lawyer for the state opposes the prayer for bail. Having considered the materials on record and bearing in mind the nature of allegations and as the allegation of attempt to murder the housewife is not supported by medical evidence, we are inclined to grant pre-arrest 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/- 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 conditions petitioner shall meet to the investigating officer once in a week until further orders.

Petitioner shall appear before the court below and pray for regular bail within two weeks from date.

The application being CRM 8229 of 2021 is disposed of. ( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J.)