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Calcutta High Court (Appellete Side)

Pradipta Saha vs Unknown on 30 August, 2023

30.08.2023                             C.R.M. (A) 3460 of 2023
  SL. 19
Court No. 29      In Re: - An application for anticipatory bail under Section 438 of
  Suvayan         the Code of Criminal Procedure filed in connection with Bongaon
(Allowed)         P.S. Case No. 189 of 2023 dated 24.02.2023 under Sections
                  498A// of the IPC read with Sections 3/ of D.P. Act
                  corresponding the G.R. case No. 465 of 2023 pending before the
                  learned ACJM, Bongaon, North 24 Parganas.
                                                  And

                  In the matter of: Pradipta Saha
                                                                        ....petitioner.
                     Mr. Susnigdhu Bhattacharyya
                     Mr. Supriyo Banerjee
                                                                 ...for the petitioner.
                     Mr. S. G. Mukherji, PP
                     Mr. Aniket Mitra
                     Ms. Jonaki Saha
                                                                      ...for the State.
               1.

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

2. Admittedly the victim died of suicidal hanging.

3. Investigation is stated to have been completed in the meantime.

4. From the statement of the witnesses as recorded under Section 161 Cr.P.C. in course of investigation it reveals that allegation as against the present accused petitioner with regard to inflicting of physical and mental torture on account of additional demand of dowry is basically omnibus in nature.

5. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Bongaon, North 24 Parganas within 15 days from today in the G.R. case No. 465 of 2023 arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including 2 the condition that:

i) The petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to the provision of Section 317 Cr.P.C.

6. . The learned ACJM is directed to act upon the server copy of this order, if required.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 3460 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3