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Calcutta High CourtCRM/740/2021allowed

Pulak Roy v. The State Of West Bengal

2021-12-24Hon'Ble Justice Soumen Sen,Hon'Ble Justice Biswajit Basu2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.12.2021 AT JALPAIGURI Court No.01 Item No. 16 sg CRM 740 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jalpaiguri Women Police Station Case No. 37 of 2021 dated 31.03.2021 under Sections 498A/326 of the Indian Penal Code read with Sections 3 and 4 of the D.P. Act. And In Re: Pulak Roy Petitioner Mr. Jaydeep Kanta Bhowmik For the Petitioner Mr. Ujjwal Luksom Mr. Sagnik Sankar Sikdar For the State The learned Counsel for the petitioner submits that the petitioner is innocent and the petitioner is the elder brother-in-law of the complainant. The learned Counsel for the State, however, opposes the prayer for anticipatory bail.

Having considered the materials available in the case diary and the nature and involvement of the petitioner in the commission of the alleged offence, we are of the view that custodial interrogation of the petitioner is not required. Accordingly, we direct that in the event of arrest the petitioner, namely, Pulak Roy, 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 also subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973 and the petitioner shall meet the Investigating Officer once in a week until further order. The application for anticipatory bail of the petitioner is allowed. CRM 740 of 2021 is accordingly, disposed of.

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

(Biswajit Basu, J) (Soumen Sen, J)