The High Court granted anticipatory bail to the petitioner accused under Sections 498A IPC and DPP Act, noting the police inaction and that only slight hurt was caused by the accused.
Petitioner released on furnishing security of Rs. 10,000 and personal bond complying with Section 438(2) CrPC conditions.
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08.10.2020 s/l.50
UB CRM 7480 of 2020 C.R.A.N. 1 of 2020
(Via Video Conference)
In the matter of : Dhananjoy Adhikary @ Dhananjay Adhikari
….. petitioner
Re : An application under Section 438 of the Code of Criminal Procedure in connection with Ghatal Police Station Case No.115/2020 dated 10.04.2020 under Sections 498A/323/ 325/307/506/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.
Mr. Tushar Kanti Har
Mr. Somnath Chakraborty … for the petitioner
Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen … for the State
The Advocate-on-record for the petitioner undertakes to affirm properly stamp the petition under the Rules within 48 hours of assumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.
The police has not taken any action on the basis of a complaint under Section 498A of the Indian Penal Code against the petitioner since 10th April, 2020.
Learned Advocate for the State admits that only slight hurt was caused by the petitioner to the defacto complainant/victim.
For those reasons, we have no option but to allow the application for anticipatory bail.
In the event of arrest, the petitioner will be released upon furnishing security of Rs.10,000/- (Rupees Ten Thousand) together with personal release bond of equivalent value to the satisfaction of the arresting officer.
2
The petitioner shall also comply with the conditions laid down
in Section 438(2) of the Cr.P.C.
C.R.M. 7480 of 2020 and CRAN 1 of 2020 are, accordingly,
disposed of.
(I. P. Mukerji, J.)
(Hiranmay Bhattacharyya, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of domestic violence and assault.
3 provisions across 3 enactments
Dhananjoy Adhikary @ Dhananjay Adhikari
The State
I. P. Mukerji
Hiranmay Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
