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Judgments of Supreme Court of India and High Courts

Goutam Kumar Biswas vs Unknown on 17 January, 2018

1

103 17.01.2018

C.R.M. 529 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the
(Allowed) Code of Criminal Procedure filed on 15/01/2018 in connection with
Durgapur P.S. Case No. 545/2017 dated 16.09.2017 under Sections
498A/302/304B/120B/34 of the Indian Penal Code.

And

In the matter of: Goutam Kumar Biswas
….petitioner
Mr. U.S. Chattopadhyay, Adv.

Mr. S. Maji, Adv.

Ms. S. Saha, Adv.

Ms. A. Ganguly, Adv.

…for the petitioner
Mr. Sourav Chatterjee, Adv.

Ms. Sayanti Santra, Adv.

…for the State

It is submitted on behalf of the petitioner that he has no relation with the victim

housewife and has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail and submits that the

proclamation and attachment has been issued against the petitioner.

We have examined the materials on record and we find that no satisfaction was

recorded by the learned court below before declaring the petitioner as a proclaimed

offender. Hence, we chose to entertain the petition on merits. We also note that the

petitioner was not residing with the couple and the allegations against him relating to

incitement of the victim housewife are general and omnibus in nature. Hence, we are

inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on 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 subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further condition that he shall

meet the investigating officer 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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