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Calcutta High CourtCRM/7575/2020allowed

Bablu Chakraborty v. State Of West Bengal

2020-11-19Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

CRM 7575 of 2020 With CRAN 1 of 2020 (Via Video Conference) 19.11.2020 Court No. 16 Item No.39 (D/L) akd & ab In Re: An application for anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Debra Police Station Case No. 305 of 2020 dated 19.07.2020 under Sections 498A/325/307/506/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. and In the matter of: Bablu Chakraborty ...... Petitioner Mr. Soumya Basu Roy Chowdhury.

......for the Petitioner Mr. Sandip Chakraborty.

...... for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that grievous charges have been brought against him without any basis. The petitioner claims that he suffers from a degenerative spinal disorder and is incapable of inflicting any physical injury on any other. The State produces the case diary. There does not appear to be any report of any serious injury. It appears that the marriage took place a little over a year before the complaint was lodged. The petitioner says that he has no children. Considering the circumstances and the nature of the complaint, the immediate detention of the petitioner may not be necessary as long as the petitioner cooperates with the investigation and reports to the investigating officer as and when called for, till the investigation is completed. In the event of arrest, the petitioner will be enlarged on bail on furnishing security of Rs.10,000/- (Rupees Ten

Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioner should abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. CRM 7575 of 2020 along with the interim application therein stand disposed of.

(Sanjib Banerjee, J.) (Hiranmay Bhattacharyya, J)