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Calcutta High CourtCRM (A)/3777/2023allowed

Abhsihek Soni v. State Of West Bengal

2023-09-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

15.09.2023 as [ALLOWED] C. R. M. (A) 3777 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burrabazar Police Station Case No. 160 of 2023 dated 26.06.2023 under Sections 498A/406/34 of the Indian Penal Code and subsequently transferred to Baguiati P.S. and re-registered as Baguiati P.S. Case No.436 of 2023 dated 22.07.2023 under Sections 498A/406/34 of the Indian Penal Code. In Re: Abhishek Soni.

... ... Petitioner Ms. Shakshi Rathi.

... ... for the petitioner Mr. Saswata Gopal Mukherji, ld. P.P., Ms. Faria Hossain, Ms. Mamata Jana.

... ... for the State 1.

Petitioner is a distant relation of the husband of the defacto complainant's wife. He has been falsely implicated. He prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Allegations against the petitioner are general and omnibus. He is a distant relation of the husband of the de-facto complainant's wife. 4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Abhishek Soni 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 subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973 and he shall appear before the court below and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)