Pankaj Roy v. State Of West Bengal

14.07.2023 Item no.21 Court No.1.

AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) No.454 of 2023 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dhupguri Police Station Case No.455 of 2022 Dated 28.7.2022 under Sections 498A/328 of the Indian Penal Code read with Section 3 and 4 of the DP Act And In the matter of : Pankaj Roy ......Petitioner. Ms. Madhushri Dutta ......for the Petitioner. Mr. Ujjwal Luksom, Ms. Namrata Das ......for the State.

Heard learned Advocate for the petitioner and learned Advocate for the State at length.

Learned Advocate for the State opposes the prayer for anticipatory bail.

On perusal of the entire material in the case diary, especially the statement of the victim recorded under Section 164 Cr.P.C., it appears that the allegation of administering poison by the present accused petitioner gets some support therefrom. However, considering the fact that the present case arises out of a matrimonial dispute where the chances of exaggeration cannot be ruled out, we are inclined to take a lenient view in favour of the petitioner.

Accordingly, in the event of arrest, the petitioner, namely Pankaj Roy shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders and on further condition that the present accused petitioner shall meet the Investigating Officer of the case as and when called for till submission in Final Form.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. (A) No.454 of 2023 is, thus, allowed.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.)