Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs In Re:- Basant Gupta @ Basanta Kumar ... on 7 August, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
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91
07.08.2015
sm
CRM No.7122 of 2015
In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 03.08.2015 in connection with Amherst Street P.S. Case No.40 of 2015 dated
26.02.2015 under sections 498A/323/341/506 of the Indian Penal Code and sections 3&4 of the
Dowry Prohibition Act.
And
.
In Re:- Basant Gupta @ Basanta Kumar Gupta .. Petitioner.
Mr.Manoj Malhotra .. for the petitioner
Md.Firoj Ahmed Beg .. for the State.
.,
The petitioner, apprehending arrest in connection with Amherst Street P.S. Case No.40 of 2015 dated 26.02.2015 under sections 498A/323/341/506 of the Indian Penal Code and sections 3&4 of the Dowry Prohibition Act, has approached this Court for anticipatory bail.
Heard the learned advocates appearing on behalf of the parties. Perused the case diary.
The petitioner is the husband.
Admittedly, the investigation is over and charge sheet has been submitted. After the charge sheet is submitted and cognizance is taken by a competent court of law, it cannot be said that there is no, prima facie, case against the petitioner.
Still no case is made from the side of the State even after submission of the charge sheet that the petitioner's custodial interrogation is necessary and it is not disputed that the petitioner has a deep root in the society and is not likely to abscond, the prayer for anticipatory bail of the petitioners stands allowed. 2 In the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail to the satisfaction of the arresting officer upon furnishing a Bond of Rs.5000/- on condition that after release, he shall surrender before the concerned court within two weeks thereafter. We make it clear that if the petitioner is not arrested within two weeks from this date, he shall surrender before the proper court, as charge sheet has been submitted, by the next week thereafter.
The application for anticipatory bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Md.Mumtaz Khan, J.)