CRM/11297/2020 of KAUSIK SHAW Vs State of West Bengal on 31 December 2020

31.12.2020Item no. 14Ct.8KAUSHIK/CHCAllowed

C.R.M. No.11297 of 2020

(Via Video Conference)

In Re:- An application for anticipatory bail under section 438of the Code of Criminal Procedure in connection with PurbaBurdwan Women Police Station Case No.240 of 2020 dated05.11.2020 under Sections 498A/406/34 of the Indian PenalCode and Sections 3/ 4 D.P. Act.

And

In the matter of:-Kausik Shaw & ors.

… Petitioners

Mr. Prodip Paul

.. for the petitioners

Mr. Saibal Bapuli, Ld. A.P.P.Mr. Arani Bhattacharyya

..for the State

Liberty is given to the learned advocate for the petitioner tocorrect the cause title, amending the name of the police station,during the course of the day.

It is submitted by counsel that the petitioners have alreadycomplied with a notice under Section 41A of the CriminalProcedure Code.

Learned counsel for the petitioners submits that, in view ofsuch compliance, there is no necessity for immediate arrest of thepetitioners for the purpose of the investigation.

It appears from the materials on record that the petitionershave made out a sufficient case for being granted anticipatory bail on the usual conditions. Accordingly, C.R.M.11297 of 2020 isallowed, granting the petitioners anticipatory bail on theconditions enumerated below:-

i)The petitioners shall make themselves available forinterrogation by any police officer in connection with theoffences in question;interrogation by any police officer in connection with theoffences in question;

ii)The petitioners shall not make any inducement, promiseor threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;or threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;

iii)The petitioners shall not leave the jurisdiction of theconcerned Police Station i.e. Purba Burdwan WomenPolice Station without leave of a competent Court.concerned Police Station i.e. Purba Burdwan WomenPolice Station without leave of a competent Court.

In the event of arrest, the petitioners shall be released on bailupon furnishing a bond of Rs.10,000/- (Rupees Ten Thousandonly) each, with two sureties of like amount each, to thesatisfaction of the arresting officer. In addition, the petitionersshall attend the trial with regard to the complaint on every datefixed. In the event of default on the part of the petitioners incomplying with any of the above conditions, the trial court shallbe at liberty to direct arrest of the petitioners without furtherreference to this Court.

Urgent certified photostat copy of this order, if applied for,shall be given to the parties as expeditiously as possible oncompliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)

(Saugata Bhattacharyya, J.)