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Calcutta High CourtCRM (A)/4385/2024allowed

Shambhu Bouri v. The State Of West Bengal

2024-12-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

13.12.2024 Sl. No.35 akd [ALLOWED] C. R. M. (A) 4385 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 03.12.2024 in connection with Salanpur Police Station Case No.137 of 2023 dated 01.09.2023 under Sections 498A/323/325/354B/307/506/34 of the Indian Penal Code. (G.R. Case No.2483 of 2023) And In Re: Shambhu Bouri ... ... Petitioner Mr. Abhishek Halder Ms. Madhurima Basu Mr. Debabrata Halder ... ... for the petitioner Md. Adil Badr Mr. Sandip Kundu ... ... for the State 1.

It is submitted on behalf of the petitioner that he is the husband of the victim lady. It is further submitted petitioner and other in-laws were falsely implicated over a matrimonial discord. Co-accused has been granted pre-arrest bail. Accordingly, he prays for the same relief. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail and submits victim suffered injuries. 3.

We have considered the materials on record including the statement of the victim and injury report. It is alleged one Robin Bouri i.e. brother-in-law outraged the modesty of the victim. The said coaccused has been granted pre-arrest bail. Allegation against the petitioner-husband is with regard to assault. However, injuries are simple. In view of the aforesaid facts, we are of the opinion custodial interrogation of the accused/petitioner is not necessary and he may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Shambhu Bouri, be released on bail upon Signed By : ARUP KUMAR DAS High Court of Calcutta 16 th of December 2024 04:55:22 PM

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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 16 th of December 2024 04:55:22 PM