Sujala Prasad v. State Of West Bengal

C.R.M. (A) 5083 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj P.S. Case No.792/2022 dated 21/06/2022 under Sections 498A/323/306/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

And In the matter of: Sujala Prasad ....petitioner.

Ms. Minoti Gomes Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Debabrata Chatterjee Ms, Ayantika Ray ...for the State.

Leave granted to the learned Advocate for the petitioner to (AD) 07.11.2022 Court No.29 (Allowed) correct the casue-title.

Petitioner prays for anticipatory bail.

Another co-accused was enlarged on anticipatory bail dated September 8, 2022 passed in CRM (A) 4320 of 2022. The post-mortem report of the victim suggests that the victim committed suicide.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure.

The statement recorded under Section 164 of the Code of Criminal Procedure suggests that there was an altercation. In such circumstances, 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/- (Rupees Ten Thousand Only), 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 on further condition that the petitioner will cooperate with the investigation till the conclusion of the investigation 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.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 5083 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)