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Calcutta High CourtCRM/7447/2020allowed

Subhas Mukherjee v. State Of West Bengal

2020-10-06Hon'Ble Justice Soumen Sen,Hon'Ble Justice Saugata Bhattacharyya2 pages

Aloke 06.10.2020 C.R.M. 7447 of 2020 I.A. No. CRAN 1 of 2020 Court 11 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Topsia P.S. Case No. 101 of 2020 dated 27.07.2020 under Sections 498/406/506/34 of the Indian Penal Code. And In the matter of: Sri Subhas Mukherjee.

...Petitioner

Mr. Amarnath Das Mr. Supriya Sarkar Mr. Saikat Nag ... for the petitioner Mr. R. Mukherjee Ms. Amita Gaur ... for the State The petitioner undertakes to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking. CRAN 1 of 2020 is accordingly, disposed of.

The learned counsel for the petitioner submits that petitioner is the husband of the complainant and say that there is an ongoing disagreement between the complainant and the petitioner which has culminated in reckless charges being made. The State produces the records.

Such records do not reveal any credible material to suggest any serious injury suffered by the complainant.

Considering the circumstances, the petitioner is entitled to anticipatory bail. In the event of arrest, the petitioner will be enlarged on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer. In addition, the petitioner will comply with the conditions laid down in Section 438(2) of the Code. The application for anticipatory bail is, accordingly, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Saugata Bhattacharyya, J.) (Soumen Sen, J.)