—
Calcutta High Court (Appellete Side)
Code vs In Re : Shyamal Dutta on 23 February, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
23.02.2024
30
Ct. No. 29
S.D.
Allowed
C.R.M.(A) 583 of 2024
In Re:- In Re:- An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure in connection
with Bolpur Women Police Station Case No. 46 of 2023 dated
19.11.2023 under Sections 498A/307/34 of the Indian Penal
Code,1860 read with Sections 3/4 of the Dowry Prohibition Act.
And
In Re : Shyamal Dutta
…… petitioner
Mr. Kunal Ganguly
…for the petitioner
Ms. Eshita Dutta
…for the State
Case diary does not contain any statement of any
neighbour.
Apparently, the defacto-complainant suffered a bruise.
Defacto-complainant recorded a statement under Section
161 of the Cr.P.C. where she is not claiming that the petitioner
demanded dowry from her. Apparently, the claim of the
defacto-complainant is that the petitioner tried to kill her.
Considering such materials in the case diary, we grant
anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest, the
petitioner shall be released on bail upon furnishing a bond of
Rs.10,000/-, 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. The petitioner shall report before
2
the Investigating Officer once a fortnight till the conclusion of
the investigation. The petitioner shall appear on every date
before the Jurisdictional Court on and from the date fixed for
appearance of the accused and in default the jurisdictional
Court will pass appropriate order to secure the presence of the
petitioner in Court including cancelling the anticipatory bail
granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)