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Calcutta High CourtCRM (A)/5660/2022allowed

Sudip Ghosh v. State Of West Bengal

2022-12-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

06.12.2022 Serial no.21 Aloke CRM (A) 5660 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gariahat Police Station Case No. 221 of 2022 dated 07.11.2022 under Sections 498A/406/323/506/34 of the Indian Penal Code. -AndIn the matter of : Sudip Ghosh ... ... Petitioner Mr. Supriyo Chattopadhyay, Advocate Ms. Anasuya Bhattacharya, Advocate ... ... For the Petitioner Mr. Imran Ali, Advocate Ms. Debjani Sahu, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The police complaint was filed 17 years after marriage. The de facto complainant is yet to record a statement under Section 164 of the Code of Criminal Procedure. The allegations against the petitioner appears to be omnibus and general in nature In such circumstances, we are inclined to 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 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 will report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 5660 of 2022 is disposed of.

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