Totan Ghosh v. State Of West Bengal

18.12.2020 b.das CRM 9515 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandrakona P.S. Case No.93 of dated 12.03.2020 under Sections 498A/323/406/307/34 of the Indian Penal Code read with Sections 3 & 4 of the D.P. Act.

And In the matter of: Totan Ghosh ....Petitioner.

Mr. Siddhartha Sarkar ...for the Petitioner.

Mr. N.P. Agarwala Mr. A. Das ...for the State.

Allegation of physical assault requires to be assessed in the light of the submission that there was a domestic scuffle between the couple. Investigation is complete.

Having considered the materials on record and the nature of offence, we are of the opinion that custodial interrogation may not be necessary and he may be granted anticipatory bail. 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. This application for anticipatory bail is thus allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)