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Nikhil Chandra Mondal vs Unknown on 9 August, 2017

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09.08.2017

Item No.742
(Allowed)
SB C.R.M. 6520 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07.07.2017

In the matter of : Nikhil Chandra Mondal
…. petitioner.

Mr. Sujoy Sarkar
…for the petitioner.

Mr. Ranabir Roy Chowdhury,
Mr. Shiladitya Banerjee …for the State.

Apprehending arrest in course of investigation of Nanoor P.S.

F.I.R. No. 219/2016 dated 04.11.2016 under Sections

498A/304B/306/34 of the Indian Penal Code and under Sections

3/4 of the Dowry Prohibition Act, the petitioner (father-in-law of

the victim) has applied for pre-arrest bail.

It is submitted by Mr. Sarkar, learned advocate appearing for

the petitioner that upon completion of investigation, police report

under Section 173(2) of the Code of Criminal Procedure (charge-

sheet) has already been submitted before the relevant magistrate;

hence, custodial interrogation of the petitioner is not necessary.

We have heard learned advocates for the parties and perused

the materials in the case diary. In view of the fact that charge-

sheet has been submitted and on consideration of the extent of the

petitioner’s complicity, as revealed from the case diary, we are of

the considered opinion that personal liberty of the petitioner may
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not be curtailed at this stage and that he is entitled to direction, as

prayed for.

Accordingly, C.R.M. 6520 of 2017 stands allowed with the

direction that in the event of arrest, the petitioner shall be released

on bail upon furnishing bond of Rs.5,000/- (Rupees Five

Thousand), with two sureties of like amount each, one of whom

must be local, to the satisfaction of the Court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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