Ananta Biswas v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.04.2024 AT JALPAIGURI Court No.01 Item No. 35 Allowed KC CRM (A) 353 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 15 of 2022 dated 05.01.2022 under Sections 498A/304B of the Indian Penal Code, 1860 read with Sections 3/ 4 of the Dowry Prohibition Act. And In Re: Ananta Biswas Petitioner Mr. Hillol Saha Poddar Ms. Mousumi Das For the Petitioners Mr. Ujjwal Luksom Mr. Sanjiv Das For the State

1. It is submitted on behalf of the petitioner that, the present accused petitioner has got no role in the alleged crime.

2. While opposing the prayer for anticipatory bail, learned counsel for the State draws our attention to the post mortem report as well as the statements of the witnesses recorded in course of investigation.

3. On perusal of the materials in the case diary, it appears that investigation has already been completed. Admittedly, there are some incriminating materials as against the present accused petitioner in the case diary however considering the fact that investigation has already been completed, no further custodial interrogation of the present accused petitioner is necessary for the purpose of investigation.

4. In view of such, we are inclined to grant anticipatory bail to the present accused petitioner.

5. Accordingly, we direct that in the event of arrest, the petitioner viz. Ananta Biswas shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, and the petitioner shall appear before the learned Chief Judicial Magistrate, Coochbehar in connection with G.R. Case No. 24 of 2022 on each and every date of hearing. It is further directed that the present accused petitioner shall appear before the learned Trial Court within a fortnight from the date of passing of this order.

7. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

8. CRM (A) 353 of 2024 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)