Sahidul Md. v. The State Of West Bengal

21.05.2021 (Circuit Bench at Jalpaiguri) SL No.4 Court No.28 (gc) CRM 594 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Jalpaiguri Women Police Station Case No.140/2020 dated 26.12.2020 under Section 498A/307 of the Indian Penal Code & Section 4 of Dowry Prohibition Act.

And In the matter of : Sahidul Md.

- Petitioner Mr. Debajit Kundu, ... For the Petitioner.

Mr. Abhijit Sarkar, Mr. Aniruddha Biswas, ... For the State.

The petitioner is the husband of the complainant and submits that he has been falsely implicated in this case and coaccused persons have been granted anticipatory bail. The State, however, opposes the prayer for anticipatory bail. Having considered the materials available before us as well as the statement of the de facto complainant under Section 164 of the Code of Criminal Procedure and also in view of delay in lodging the complaint, we are of the opinion that custodial interrogation of the petitioner may not be required and the petitioner may be granted anticipatory bail. Accordingly, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Sahidul Md., shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is also directed that the petitioner shall meet the Investigating Officer of the case once in a week until further orders and shall cooperate with the investigation.

The application for anticipatory bail, being CRM No.594 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Suvra Ghosh, J.) (Soumen Sen, J.)