Shyam Sundar Agarwal v. State Of West Bengal

07.12.2020 tkm/ct 28 C.R.M. 9854 of 2020 sl no. 69 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Balurghat Women P.S case 5 of 2020 dated 4.2.2020 under sections 498A/307/376/511/506 of the IPC read with sections 3/4 of the DP Act Allowed and In Re : Shyam Sundar Agarwal ...... petitioner Mr. S Lal Adak Ms. T Mondal Ms A Chakraborti ...... for the petitioner Mr. Imran Ali Mr. Pratick Bose ...... for the State It is submitted on behalf of the petitioner that he is the father in law of the victim housewife. Marriage has already been dissolved. He has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner attempted to ravish the victim.

We have considered the materials on record. Allegation against the petitioner is to be assessed in the light of the matrimonial dispute which was pending between the de facto complainant and the son of the petitioner.

We are informed that the matrimonial tie has since been dissolved.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.

10,000/- 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.

The application being CRM 9854 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)