Sri Rajesh Dudhoria vs Unknown on 23 August, 2017

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982/CL
23.08.2017

rrc
(Allowed)
C.R.M. 6983 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.

In the matter of : Sri Rajesh Dudhoria
… petitioner
Mr. Sabyasachi Mukherjee
…..For the petitioner

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Debajyoti Deb
……For the State

Apprehending arrest in course of investigation of

Baguiati Police Station F.I.R. No. 906 of 2015 dated 27th

September, 2015 under Sections 468/471/420/120B and

498A of the Indian Penal Code, the petitioner (husband of the

victim) has applied for anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary.

The allegation against the petitioner is that he had

produced certain receipts before the learned Judicial

Magistrate, 3rd Court, Barrackpore, 24-Parganas (North) in

course of hearing of M. Execution Case No. 28 of 2014 which

were forged.

Learned advocate appearing for the petitioner has relied

on the order dated 19th June, 2014 passed by the said

magistrate dropping the said case to submit that the
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magistrate himself was of the opinion that there was no

reason to suspect any foul-play on the part of the petitioner.

We are not informed that the said order has been set

aside.

In view of such finding in the said order, we are of the

considered opinion that custodial interrogation of the

petitioner is not necessary for taking the investigation to its

logical conclusion; hence, she is entitled to direction, as

prayed for in this 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.5,000/-, with two sureties of

like amount, one of whom must be local, to the satisfaction of

the arresting officer and also subject to the conditions 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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