Calcutta High Court (Appellete Side)
Sections 498A/406 Of The Indian Penal ... vs In Re: Samar Tarafdar on 15 July, 2024
Author: Soumen Sen
Bench: Soumen Sen
15.07.2024
Court No.29
Item No. 76
Allowed
ar
CRM (A) 1966 of 2024
In Re:- An application for anticipatory bail under section 438 of the Code of
Criminal Procedure in connection with Mogra Police Station Case No. 172 of
2024 dated 15.04.2024 corresponding to G.R. Case No. 1243 of 2024 under
Sections 498A/406 of the Indian Penal Code.
And
In Re: Samar Tarafdar
Petitioner
Mr. Saryati Datta
Mr. Chitrak Biswas
For the Petitioner
Ms. Sujata Das
Ms. Poulami Bose
For the State
1.The petitioner is the father-in-law of the de-facto complainant. Learned counsel for the petitioner submits that all the allegations leveled against his son.
2. Learned counsel for the State has produced the case diary.
3. Considering the materials available in the case diary it appears that the main allegation is leveled against the husband of the de-facto complainant and the fact that the charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioner is not necessary.
4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Samar Tarafdar 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, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall Signed By :
AMITAVA ROY High Court of Calcutta 16 th of July 2024 02:33:15 PM 2 appear before the learned Chief Judicial Magistrate, Sadar Court, Hooghly corresponding to G.R. Case No. 1243 of 2024 within two weeks from date and the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is further ordered that the petitioner shall appear on every date before the aforesaid Court on and from the date fixed for appearance of the accused. In the event of non-
compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.
5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.
6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Soumen Sen, J) (Uday Kumar , J) Signed By :
AMITAVA ROY High Court of Calcutta 16 th of July 2024 02:33:15 PM