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Calcutta High CourtCRM (A)/4391/2023allowed

Bubai Santra And ANR. v. State Of West Bengal

2023-11-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4391 of 2023 22.11.2023 SL. 24 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Haripal P.S. Case No. 70 of 2021 dated 03.04.2021 under Section 498A IPC corresponding to G.R. Case No. 411 of 2021 pending before the learned ACJM, Chandannagar, Hooghly.

And In the matter of: Bubai Santra & Anr.

....petitioners.

Ms. Oindrila Ghosh ...for the petitioners.

Md. Rafiqul Islam Mr. Shashanka Shekhar Saha ...for the State.

1.

Heard learned Counsel for both the parties.

2.

Though the instant case was started under Sections 498A/406/302/34 IPC on completion of investigation chargesheet was submitted under Section 498A IPC only against the present petitioners along with other co-accused persons. 3.

Since investigation has already been completed, we do not find any requirement of any custodial interrogation any further. 4.

Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Chandannagar, Hooghly within 15 days from today in the G.R. case No. 411 of 2021 arising out of aforesaid P.S. case.

5.

On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6.

The learned ACJM, Chandannagar, Hooghly is directed to act upon the server copy of this order, if required. 7.

Accordingly, the prayer for the anticipatory bail is allowed. 8.

The application being CRM (A) 4391 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)