An Application For Anticipatory … vs 1. Avijit Laga on 6 July, 2017

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06.07.2017

C.R.M. 4597 of 2017
ALLOWED

697 In the matter of : An application for anticipatory bail under Section 438 of
Sc the Code of Criminal Procedure filed on 19th May, 2017.

And

In the matter of : 1. Avijit Laga

2. Prabhakar Laga and

3. Anima Laga.

Petitioners.

Mr. Niladri Sekhar Ghosh
Ms. Sutanuka Chowdhury.

….. For the Petitioners.

Ms. Manasi Roy
…… For the State

Apprehending arrest in course of investigation of Goghat Police Station
FIR No.198 of 2017 dated 04.5.2017 under sections 498A/406 of the Indian
Penal Code, the petitioners (the husband and the parents-in-law of the victim)
have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the
materials in the case diary. Although it is submitted by the learned advocate for
the State that the petitioners have not responded to the notice under section
41A of the Code of Criminal Procedure issued by the investigating officer, we
find from the case diary that the allegations levelled against the petitioners are
general in nature.

Having regard to the level of complicity of the petitioners as revealed
from the case diary, we are of the considered opinion that their custodial
interrogation is not necessary for effective and meaningful progress of
investigation of the FIR and that they are entitled to direction as prayed for in
the application.

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

(Dipankar Datta, J.)

(Debi Prosad Dey, J. )

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