Calcutta High Court (Appellete Side)
Sections 498A/304B/302/34 Of The ... vs In Re : Debashis Maity on 2 December, 2021
Author: Debangsu Basak
Bench: Debangsu Basak
02.12.2021 12 Ct. No. 29 KAUSHIK Allowed C.R.M. 7808 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Belda Police Station Case No. 226 of 2020 dated 07.10.2020 under Sections 498A/304B/302/34 of the Indian Penal Code, 1860.
And In Re : Debashis Maity ...... petitioner Mr. Sourav Chatterjee Mr. Pawan Kumar Gupta Mr. Sougata Mitra ....for the petitioner Mr. Sandip Kundu ....for the State Petitioner seeks anticipatory bail. Learned advocate appearing for the petitioner submits that, by reason of the deceased committing suicide, the petitioner was falsely implicated.
Learned advocate appearing for the State draws the attention of the Court to the post mortem report and to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr. P. C.) Considering the post mortem report, which notes that one 'obliquely placed non-continuous ligature mark' was present on the dead body and considering the statements recorded under 2 Section 164 of the Cr. P. C., we grant anticipatory bail to the petitioner.
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 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 meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)