IN THE MATTER OF AVISHEK CHATTERJEE Vs. STATE

JUDGEMENT

(1.) This application for bail under Section 439, Cr. P. C. of the Code of Criminal Procedure has been taken out by Avishek Chatterjee @ Abhishek Chatterjee and Arup Chatterjee, who were arrested on 23rd September, 2012 in connection with Asansol Women Police Station Case No. 68 of 2012 under Sections 498A/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibitions Act.

(2.) These petitioners were restrained from moving the bail application in the Court of learned Magistrate as the de facto complainant was a lawyer of Asansol Bar and the victim is his daughter. This matter was mentioned before this Gourt on 19.10.2012 and this Court disposed of an application filed by these two petitioners on that date directing the learned Chief Judicial Magistrate, Asansol to prepone the date of production of the petitioners from the judicial before him fixed a date and ask the petitioners whether they were willingn to be released on bail or not. This Court thinks that in case these petitioners expressed their willingness, the learned Magistrate should consider the materials in the CD. and exercise its power under Section 437 of the Cr.P.C. in accordance with law.

(3.) Heard Mr. Chakrahorty, the learned Counsel appearing for the petitioners and Mrs. Bhattacharya, for the opposite party State of West Bengal.