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25.05.2017.
Item No.22
(Allowed)
ab/ap C.R.M. 4759 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 23.05.2017 in connection
with Baguihati P.S. Case No. 370 dated 10.05.2017 for committing
offence punishable under Sections
498A/406/426/465/468/469/471 of the Indian Penal Code;
And
In the matter of : Rajesh Shaw and others. … petitioners.
Mr. M. M. Verma,
Mr. Abhishek Verma. …For the petitioners.
Mr. Prasun Kumar Dutta,
Mr. Nirupam Dhali. …For the State.
Heard the learned counsel for the petitioners and the State.
Perused the case diary.
It is submitted by Mr. Prasun Kumar Dutta, learned
Additional Public Prosecutor, that the petitioners are not
cooperating with the Investigating Agency and they have not
responded to the notice issued to them under Section 41A of the
Code of Criminal Procedure, 1973.
On the basis of the materials disclosed, however, we do not
think there is any necessity of custodial interrogation to the
petitioners.
We, accordingly, direct that in the event of arrest of the
petitioners, they shall be released on bail upon furnishing a bond
of Rs. 20,000/- each with two sureties of Rs. 10,000/- each, in
case of each of the petitioners, one of whom shall be local, to the
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satisfaction of the arresting officer and also subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 and with the further condition that the
petitioners shall meet the Investigating Officer of the case twice in
a week until further order.
The application for anticipatory bail is, thus, allowed.
(Aniruddha Bose, J.)
(Siddhartha Chattopadhyay, J.)