Jahangir Mandal v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 11.07.2024 Court No.1 (D/L 16) (Allowed) CRM (A) 500 OF 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed on 04.07.2024 in connection with Bhaktinagar Police Station Case No. 532 of 2024 dated 13.06.2024 under Sections 498A/307 of the Indian Penal Code and Section 3 & 4 of Dowry Prohibition Act.

And In the matter of: Jahangir Mandal ... Petitioner.

Mr. Debajit Kundu ... for the petitioner.

Mr. Nilay Chakraborty, ld. APP Ms. Namrata Das ...for the State Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated and the co-accused are granted anticipatory bail and in such circumstances, prays for anticipatory bail to the petitioner.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

We have perused the case diary and the injury report and as there is no external injury, we are of the opinion that the custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the investigating officer once in a week till the conclusion of the investigation and on further condition that the petitioner shall appear on every date of hearing before the jurisdictional Court until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The application for anticipatory bail is, accordingly, allowed. [MD. SHABBAR RASHIDI, J.] (RAJARSHI BHARADWAJ, J.)