Rakesh Sarkar And ORS v. State Of West Bengal

21.10.2020 Sl. No.120 akd [ALLOWED] C. R. M. 8348 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 09.10.2020 in connection with Tehatta Police Station Case No. 395 of 2020 dated 18.09.2020 under Sections 498A/307/34 of the Indian Penal Code.

And In Re: Rakesh Sarkar & Ors.

... ... Petitioners Mrs. Karabi Roy .. Advocate ... ... for the petitioners Mr. Goutam Wilson .. Advocate ... ... for the State Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the instant case has been registered in retaliation to a matrimonial proceeding instituted by the petitioners and as the injuries appear to be simple, we are of the opinion that custodial interrogation of the accused/petitioners is not necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Rakesh Sarkar, (2) Rampada Sarkar & (3) Niyati Sarkar, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that petitioner no.1 shall meet the Investigating Officer once in a week until further orders. The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)