Calcutta High Court (Appellete Side)
498A/406 Of The Indian Penal Code vs In Re: Soumajit Das on 27 September, 2024
Author: Soumen Sen
Bench: Soumen Sen
27.09.2024
Court No.29
Item No.22
ar
CRM (A) 3465 of 2024
In Re:- An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure Section 482 of the Bharatiya Nagarik Suraksha Sanhita,
2023 in connection with Pandua Police Station Case No. 334 of 2024 dated
18.06.2024 corresponding to G.R Case No. 1998 of 2024 under Sections
498A/406 of the Indian Penal Code.
And
In Re: Soumajit Das
Petitioner
Mr. Anand Keshri
Ms. Soumili Chaudhury
Ms. Pubali Debnath For the Petitioner
Ms. Z.N. Khan
Ms. Sretama Das For the State
1.The injury report filed in court is taken on record.
2. It is submitted on behalf of the petitioner that due to matrimonial dispute a false complaint has been lodged against the petitioner.
3. Learned counsel for the State has produced the case diary.
4. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and the nature of injury, which appears to be simple and also having regard to the nature of dispute between the parties and having regard to the circumstances under which such incident occurred, as transpired from the case diary, we are of the view that custodial interrogation of the petitioner is not necessary.
5. Accordingly, we direct that in the event of arrest, the petitioner, namely, Soumajit Das shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the Signed By :
AMITAVA ROY High Court of Calcutta 27 th of September 2024 05:23:23 PM 2 conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet with the I.O once in a fortnight till the submission of the final report and on further condition that the petitioner shall appear before the learned Chief Judicial Magistrate, Hooghly, within Ten days from date in connection with G.R Case No. 1998 of 2024. 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.
6. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.
7. 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 27 th of September 2024 05:23:23 PM