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Calcutta High CourtCRM/7305/2020allowed

Akash Jaiswal v. State Of West Bengal

2020-10-01Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Shampa Sarkar2 pages

01.10.2020 SL No. 48 ss CRM 7305 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 Girish Park P.S. Case No.113 of 2020 dated 13.06.2020 under sections 498A/406/34 of the Indian Penal Code read with section 3 of the Dowry Prohibition Act. And In the matter of: Akash Jaiswal Mr. Amitabha Ghosh ... ... for the Petitioner.

Mr. Saibal Bapuli, APP Ms. Sayanti Santra ... ... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. The application being CRAN 1 of 2020 is disposed of. It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned lawyer for the State submits that the victim was assaulted and stridhan articles have not been recovered. We have considered the materials on record including the injury report. Keeping in mind the facts and circumstances of the case we are of the opinion though custodial interrogation may not be necessary, petitioner requires to co-operate with investigation for recovery of stridhan articles.

Accordingly, we direct that in the event of arrest, the petitioner 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 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 meet the investigating officer once in a week until further orders. Accordingly, application for anticipatory bail being CRM 7305 of 2020 is disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Shampa Sarkar, J.) (Joymalya Bagchi, J.)