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Calcutta High CourtCRM (A)/5553/2023allowed

Subhajit Majumdar v. State Of West Bengal

2024-02-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

06.02.2024 Serial no. 92 Anticipatory bail [Allowed] Dd CRM (A) 5553 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bantra Police Station Case No. 140 of 2023 dated 06.07.2023 under Sections 419/420/468/474/323/506/34 of the Indian Penal Code, 1860.

(G.R. Case No. 3279/2023) -AndIn the matter of : Subhajit Majumdar ... ... Petitioner Mr. Santanu Maji, Mr. Pradyut Ghosh, Advocates ... ... For the Petitioner Mr. Antarikhya Basu, Advocate ... ...For the State Police complaint by the de facto complainant contains statement with regard to the estranged matrimonial life of the petitioner before us.

Petitioner was married for the second time during the subsistence of the first marriage. Apparently, the de facto complainant was aware of the existence of the first marriage. Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, 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 be 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 shall 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) 5553 of 2023 is disposed of.

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