Calcutta High Court (Appellete Side)
493/376/406/420/506/34 Of The Indian ... vs In Re: Ranajit Das And Others on 15 November, 2021
15.11.2021 Sl. No.26 pk [ALLOWED] C. R. M. 6786 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Titagarh Police Station Case No. 526 of 2021 dated 28.07.2021 under Sections 493/376/406/420/506/34 of the Indian Penal Code.
And In Re: Ranajit Das and others ... ... Petitioners Mr. Sankar Halder .. Advocate ... ... for the petitioners Mr. S. S. Imam .. Advocate Mr. S. Kundu .. Advocate ... ... for the State It is submitted on behalf of the petitioners that they had registered an earlier criminal case against the de facto complainant and in retaliation the present case has been registered. It is further submitted that petitioner no. 1 and the de facto complainant had been living together for more than two years and the later was aware that petitioner no. 1 had a legally wedded wife.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that petitioner no. 1 had mislead the de facto complainant to believe that he was married to her on the strength of a forged certificate. He had also taken large sum of money from her.
We have considered the materials on record including the First Information Report lodged by the de facto complainant. In the F. I. R. the de facto complainant stated she was aware of the earlier marriage of petitioner no. 1 and that the latter had filed a divorce proceeding against his earlier wife. Allegation of inducing the de facto complainant to enter into matrimony on the strength of forged certificate is to be assessed in the light of the aforesaid facts. Admittedly, the petitioner no. 2 1 and the de facto complainant were living together for a considerable period of time.
In view of the aforesaid facts and circumstances of the case, we are of the opinion that custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each 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 petitioners shall meet the Investigating Officer once in a week until further orders and shall appear before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)