Narayan Haldar Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2024)

Narayan Haldar Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Conditional anticipatory bail granted to Narayan Haldar: on arrest, release on a bond of Rs.2,500 with two registered sureties of like amount each, subject to Section 438(2) CrPC conditions, appearance before the Additional Chief Judicial Magistrate, Tehatta, Nadia within two weeks and on every subsequent date, and no witness intimidation or evidence tampering, with automatic cancellation on breach.

Issue for consideration

Whether the petitioner Narayan Haldar is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 109 of 2024. +1 more

Court's answer

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.2,500 with two registered sureties of like amount each, subject to satisfaction of the Arresting Officer and compliance with the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Ratio / Principle

Since the charge-sheet has already been filed and the de-facto complainant reported the parties are living happily at their matrimonial home, the Court held that custodial interrogation of the petitioner is not necessary.

Key takeaways

Further conditions imposed: petitioner to appear before the Additional Chief Judicial Magistrate, Tehatta, Nadia within two weeks from date and thereafter on every date fixed for appearance of the accused; petitioner shall not intimidate witnesses or tamper with evidence; on breach of any condition the anticipatory bail shall stand automatically cancelled without further reference to this Court.ratio¶3
The prayer for anticipatory bail of the petitioner is allowed and the application is disposed of.ratio¶4

Detailed headnote1 paragraphs

Criminal Miscellaneous (Arbitration/Anticipatory Bail) application under Section 438 CrPC by Narayan Haldar in connection with Tehatta Police Station Case No. 109 of 2024 dated 18.02.2024 (S.L No. 333 of 2024) under Sections 498A/307/325/406/34 IPC and Sections 3/4 D.P Act. Following the de-facto complainant's counsel reporting that the parties were living happily at their matrimonial home, and noting that the charge-sheet had already been filed, the Divisional Bench (Soumen Sen, J and Uday Kumar, J) held custodial interrogation unnecessary and granted conditional anticipatory bail: release on arrest upon a bond of Rs.2,500 with two registered sureties of like amount each, subject to Section 438(2) CrPC 1973 conditions, satisfaction of the Arresting Officer, appearance before the Additional Chief Judicial Magistrate, Tehatta, Nadia within two weeks and on every date, abstention from intimidating witnesses or tampering with evidence, with automatic cancellation of the bail on any non-compliance. The prayer for anticipatory bail was allowed and the application disposed of.

22.07.2024 Court No.29 Item No. 05 Allowed

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CRM (A) 2012 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 109 of 2024dated 18.02.2024 corresponding to S.L No. 333 of 2024 under Sections 498A/307/325/406/34 of the Indian Penal Code and Sections 3/4 of the D.P Act. And In Re: Narayan Haldar Petitioner Ms Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Saptarshee Pakrashy For the Petitioner Mr. Arindam Sen Mr. Poulami Bose For the State Mr. Arijit Bhusan Bagchi Mr. Nikhil Kumar Gupta For the De-facto Complainant

Pursuant to our earlier direction learned counsel for the de-facto complainant has submitted on instruction that the petitioner and the defacto complainant are living happily at their matrimonial home. He is innocent and has been falsely implicated in the instant case on the basis of statement of the co-accused.

In view of the above and the fact that the charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioner is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Narayan Haldar shall be released on bail upon furnishing a bond of Rs.2,500/-, with two registered sureties of like amount each, subject to the

Signed By : AMITAVA ROY High Court of Calcutta 23 rd of July 2024 12:26:49 PM

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satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia corresponding to S.L No. 333 of 2024 within two weeks from date and the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is further ordered that the petitioner shall appear on every date before the aforesaid Court on and from the date fixed for appearance of the accused. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J)

(Uday Kumar , J)

Signed By : AMITAVA ROY High Court of Calcutta 23 rd of July 2024 12:26:49 PM