Calcutta High CourtCRM (A)/3675/2023allowed

Dr. Deepak Shankar Roy v. State Of West Bengal

2023-09-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

18.09.2023 (M/L 68) Ct. No.29 Allowed (SKB) CRM (A) 3675 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Parnasree P.S. Case No.211 of 2023 dated 20.05.2023 under Sections 498A/34 of the IPC (G.R. Case No.558 of 2023).

In the matter of : Dr. Deepak Shankar Roy ... Petitioner Ms. Malabika Saha, Mr. Somnath Bhattacharjee, Ms. Sharmishtha Paul ... for the petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta ... for the State

1. Heard learned advocates for the parties.

2. It is submitted that the present petitioner has been unnecessarily implicated in this case and in view of such and also considering the fact that the investigation has already been completed, the present application for anticipatory bail may be considered in favour of the petitioner.

3. Such prayer has been opposed by the learned advocate for the State by drawing our attention to the statement of the informant as well as the statements of the other witnesses. It is submitted that there are sufficient incrementing materials against the petitioner who is not

only tortured the victim informant but also neglected her and duped her.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and completion of investigation, it is directed that the petitioner shall surrender before the learned ACJM, South 24 Parganas at Alipore in the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM(A) 3675 of 2023 is disposed of.

7. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)