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Code vs In Re : Shyamal Dutta on 23 February, 2024

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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.)

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