Calcutta High CourtCRM (A)/4097/2022allowed

Putul Das v. State Of West Bengal

2022-08-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

29.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4097 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haringhata Police Station Case No. 256 of 2022 dated 19.07.2022 under Sections 448/325/326/307/34 of the Indian Penal Code, 1860.

And In Re : Putul Das ...... petitioner Mr. Shibaji Kumar Das ....for the petitioner Mr. N. P. Agarwal Mr. Pratick Bose ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, there is a counter police case relating to outraging of modesty filed at the behest of the son of the petitioner. The husband of the petitioner was arrested. The police filed chargesheet and, therefore, custodial interrogation of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the injury reports of the three victims and the statement recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.).

Considering the fact that the police filed charge-sheet and considering the involvement of the petitioner in the incident as transpiring from the materials in the case diary, we grant anticipatory 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 condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)