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Judgments of Supreme Court of India and High Courts

Panchanan Shyamal vs Unknown on 18 January, 2018

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117 18.01.2018
Aloke Court 28 C.R.M. 640 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 17.01.2018 in connection
with Marishda P.S. Case No.137 of 2017 dated 11.10.2017 under
Sections 498A/302/34 of the Indian Penal Code.

And
In the matter of: Panchanan Shyamal
…Petitioner

Mr. Arindam Jana
Mr. Soumyajit Chatterjee
… for the petitioner
Mr. Arijit Ganguly
Mr. Sanjib Kr. Dan
… for the State

allowed It is submitted on behalf of the petitioner that the

petitioner is the husband of the victim-housewife and used to

work in Kerala and has been falsely implicated in the instant

case.

Learned counsel appearing for the State opposes the

prayer for bail.

We have considered the materials on record including the

statement of the sister of the victim recorded under Section 164

Cr.P.C. alleging torture upon the victim-housewife by her mother-

in-law and sister-in-law. It is also admitted that the husband of

the victim, i.e. the petitioner, used to reside in Kerala at the time

of occurrence.

In view of the aforesaid materials-on-record, we are of the
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opinion that custodial interrogation of the petitioner may not be

necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the

petitioner shall be released on anticipatory bail upon furnishing

bond of Rs.10,000/-(Rupees Ten Thousand only) with two

sureties of like amount, to the 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 on condition

that he shall meet the Officer-in-Charge of Marishda Police

Station once in a week until further orders.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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