Calcutta High Court (Appellete Side)
Under Sections 498A/406/34 Of The ... vs In Re: Debrup Banerjee & Ors on 2 July, 2024
Author: Soumen Sen
Bench: Soumen Sen
02.07.2024
Court No.29
Item No. 38
Allowed
ar
CRM (A) 2040 of 2024
In Re:- An application for anticipatory bail under section 438 of the Code of
Criminal Procedure in connection with New Alipore Police Station Case No.
60 of 2024 dated 14.05.2024 corresponding to G.R Case No. 1303 of 2024
under Sections 498A/406/34 of the Indian Penal Code.
And
In Re: Debrup Banerjee & Ors.
Petitioners
Mr. Tapas Kumar Ghosh
Mr. Tanmoy Chowdhury
For the Petitioners
Mr. Rana Mukherjee
Mr. Kaustav Banerjee
For the State
Mr. Mary Dutta
Mr. Amit Debnath
Ms. Dishani Dutta
For the De-facto Complainant
1.The petitioner no. 1 is the husband and the petitioner nos. 2 & 3 are the parents-in-law of the de-facto complainant/wife. It is submitted that due to matrimonial dispute a false complaint has been lodged by the de-facto complainant. It is further submitted that an application for mutual divorce is presently pending before the District Court at Barasat and an application filed by the de-facto complainant for withdrawal was not pursued.
2. Learned counsel for the State submits that the petitioners initially cooperated with the investigation on 12th June, 2024. However, on further investigation they did not appear.
Signed By :
AMITAVA ROY High Court of Calcutta
3 rd of July 2024 12:37:08 PM 2
3. Considering the materials available in the case diary, the nature and complicity of the petitioners in the commission of the alleged offence and having regard to the fact that an application for mutual divorce is presently pending before the District Court at Barasat, we are of the view that custodial interrogation of the petitioners is not necessary.
4. Accordingly, we direct that in the event of arrest, the petitioners namely, Debrup Banerjee, Ashish Kumar Banerji and Nandita Banerji. shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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. The petitioner nos. 1 & 2 shall meet the Investigating Officer once in a week or as and when called for till the submission of the final report. The petitioner no. 3 shall cooperate with the investigation. The petitioners shall appear before learned Chief Judicial Magistrate, South 24 Parganas at Alipore within two weeks from date in connection with G.R. Case No. 1303 of 2024. The petitioners shall reside at Flat No. F/4,8, S.N. Chatterjee Road, P.S New Alipore, James Long Sarani, Kolkata-700038 for a period of three months and shall not leave the said place without the permission of the aforesaid Court. 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. The Investigating Officer is directed to conclude the investigation preferably within three months from date and submit the final report.
6. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.
Signed By :
AMITAVA ROY High Court of Calcutta 3 rd of July 2024 12:37:08 PM 3
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 3 rd of July 2024 12:37:08 PM