Calcutta High CourtCRM (A)/3999/2023allowed

Sanjoy Dolai @ Sanjay Dolai And ORS. v. State Of West Bengal

2023-10-03Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

03.10.2023 D/L 66 Ct. No.29 (Allowed) (SKB) CRM (A) 3999 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Narayangarh P. S. Case No.147 of 2022 dated 15.06.2022 under Sections 498A/325/313/328/ 307/506/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act (G.R. Case No.723 of 2022). In the matter of : Sanjoy Dolai @ Sanjay Dolai and others ... Petitioners Mr. Soumyajit Das Mahapatra, Ms. Madhurai Sinha ... for the petitioners Mr. Saswata Gopal Mukerji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State

1. Heard learned advocates for the parties.

2. The present petitioner no.1 is the husband of the informant/wife while the other petitioners are the family members of her husband. From the materials as available in the CD, we find some incriminating materials as against the present petitioners but in our considered view, those are at fringe.

3. Charge-sheet is stated to have been filed. Therefore, the custodial interrogation of the petitioners is not necessary.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence, 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, Dantan, Paschim Medinipur in G.R. Case No.723 of 2022 arising out of the aforesaid P.S. case within 15 days from today. On their surrender and application for bail, they 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) 3999 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.)