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Calcutta High CourtCRM(A)/515/2024allowed

Prasenjit Roy@Prosenjit Roy v. The State Of West Bengal

2024-08-19Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

19.08.2024 Court No.1 SL No.13 pk/sb HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 515 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalpaiguri Women P.S. Case No.79 of 2024 dated 14.06.2024 under Sections 498A/354/448/506/325/307/34 of the Indian Penal Code.

And In the matter of: Prasenjit Roy @ Prosenjit Roy ....Petitioner.

Ms. Madhushri Dutta ...for the petitioner.

Mr. Kallol Acharjee, Ms. Namrata Das ...for the State.

1.

The application for anticipatory bail is sought on the ground that the co-accused persons have been granted anticipatory bail by a Co-ordinate Bench.

2.

It further appears that the allegation against the accused person is omnibus in nature. The victim only wanted to live in separate mess with only her two sons away from her in-laws. The incident occurred eight years after marriage. 3.

In the above circumstances, this Court is inclined to grant anticipatory bail to the petitioner.

4.

In the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.5,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be 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 cooperate with the investigation and on further condition that the petitioner shall appear before the court below and pray for regular bail within a fortnight from date.

5.

In the event the petitioner fails to comply with the aforesaid conditions as enshrined hereinabove, the bail of the petitioner shall automatically stand cancelled without any further reference to this Court.

6.

The application for anticipatory bail is, thus, disposed of. (Rajasekhar Mantha, J.) (Ajoy Kumar Mukherjee, J.)