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Calcutta High CourtCRM/1233/2021allowed

Satender Suhag v. The State Of West Bengal

2021-12-23Hon'Ble Justice Soumen Sen,Hon'Ble Justice Biswajit Basu2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 23.12.2021 AT JALPAIGURI Court No.01 Item No. 17 sg CRM 1233 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Rangli Rangliot Police Station Case No. 37 of 2021 dated 21.11.2021 under Sections 498A/302 of the Indian Penal Code. And In Re: Satender Suhag Petitioner Mr. Sayan De Ms. Isha Acharya For the Petitioner Mr. Aditi Shankar Chakraborty, APP Mr. Sourav Ganguly For the State The learned Counsel for the petitioner submits that the petitioner is innocent and due to custody dispute, the de-facto complainant has lodged a false complaint against the petitioner.

The learned Counsel for the State, however, opposes the prayer for anticipatory bail and draws our attention to the post-mortem report and the medical examination report of the Forensic Science Laboratory. Having considered the materials available in the case diary, medical report and the nature and extent of complicity of the petitioner in the commission of the alleged offence and in view of the fact that the there is no possibility of the petitioner to free from justice, 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, Satender Suhag, 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 orders and shall cooperate with the investigation.

The application for anticipatory bail of the petitioner is allowed. CRM 1233 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)