Sanjib Baishya v. State Of West Bengal

28.09.2020 SL No.34 pk CRM 7111 of 2020 With CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with New Jalpaiguri Police Station Case No. 951 of 2020 dated 07.08.2020 under Sections 498(A)/306 of the Indian Penal Code.

And In the matter of: Sanjib Baishya ....Petitioner.

Mr. Sudip Guha ...for the Petitioner.

Mr. Biswaroop Roy, Mr. A. S. Chakraborty ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

Accordingly, the application being CRAN 1 of 2020 is disposed of.

Learned counsel appearing on behalf of the petitioner submits that the incident took place after about 9 years of marriage. The allegation against the petitioner is that the victim committed suicide because of illicit relation of her husband.

Counsel for the State opposes the prayer for anticipatory bail. Considering the nature of allegations, we do not think that custodial interrogation of the petitioner is necessary.

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, one of whom must be local, to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

The application for anticipatory bail being CRM 7111 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Soumen Sen, J.) (Jay Sengupta, J.)