An Application For Anticipatory … vs Arup Mandal on 14 June, 2017

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14.6.2017 C.R.M. 3865 of 2017.

ALLOWED
644
c
In the matter of : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 3rd May, 2017.

And
In the matter of : Arup Mandal
Petitioner
Mr. Milon Mukherjee
Mr. Amitava Karmakar
Mr. Arup Kumar Bhowmick.

….. For the Petitioner
Mr. Abhishek Sinha
…… For the State

Apprehending arrest in course of investigation of Salboni Police Station FIR No.10
of 2017 dated 18.01.2017 under
sections 498A/307/506/406/34 of the Indian Penal
Code and
sections 3/4 of the Dowry Prohibition Act, the petitioner has applied for
anticipatory bail.

Mr. Mukherjee, learned senior advocate for the petitioner, submits that during the
pendency of this application, the petitioner and the complainant/wife have applied for
mutual divorce by presenting a petition under
section 13B of the Hindu Marriage Act
before the District Judge, Paschim Medinipur and the same is pending.

We have heard learned advocates for the parties and perused the materials in the
case diary. Having regard to the extent of complicity of the petitioner as revealed
therefrom, we are of the considered opinion that his custodial interrogation is not
necessary for effective and meaningful progress of investigation of the FIR and that he is
entitled to direction as prayed for in the application.

The application, thus, stands allowed with the direction that in the event of
arrest, the petitioner shall be released on bail upon furnishing bond of Rs.5000/-
(Rupees five thousand) with two sureties of like amount, one of whom must be local to
the satisfaction of the arresting officer and subject to the condition as laid down in sub-
section (2) of
section 438 of the Code of Criminal Procedure.

READ  Gopal And Ors.-vs-State on 26 February, 1999

( Dipankar Datta, J.)

(Debi Prosad Dey, J. )
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