Dipu Sarkar v. State Of West Bengal
04.01.2024 Ct. No. 29 S.D.
Allowed C.R.M.(A) 4498 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 528 of 2023 dated 22.9.2023 under Sections 498A/304B/306/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.
And In Re : Dipu Sarkar ...... petitioner Mr. Soumya Basu Roy Chowdhury ....for the petitioner Mr. Debasish Roy Mr. Aniket Mitra Ms. Jonaki Saha ....for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.
By such order dated October 16, 2023, the petitioner was enlarged on an interim anticipatory bail.
It is submitted at the bar that, the interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary.
Learned advocate appearing for the petitioner submits that, there is a counter police complaint.
We perused the materials in the case diary.
Husband was arrested and enlarged on bail by the Jurisdictional Court.
Police filed charge sheet.
In such circumstances, we confirm the interim order dated October 16, 2023.
Accordingly, we direct that in the event of arrest, the petitioner shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)