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Sanjit Mondal & Ors vs Unknown on 3 May, 2018

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89 03.05.2018
AB Court 28

C.R.M. 1630 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Haridebpur
P.S. Case No.703 dated 31.12.2017 under Sections
498A/406/34 of the Indian Penal Code and Sections 3 /4 of the
Dowry Prohibition Act

And

In the matter of : Sanjit Mondal Ors.

…Petitioners.

Mr. Narayan Chandra Mondal,
Mr. S. Satpati …for the Petitioners.

Ms. Sukanya Bhattacharya …for the State.

Mr. Ansuman Chakraborty,
Mr. S. S. Saha …for the Defacto complainant.

It is submitted on behalf of the petitioners that there is

a matrimonial dispute between the parties and they have been

falsely implicated in the instant case.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Learned lawyer appearing for the defacto complainant

opposes the prayer for anticipatory bail and submits that all the

sreedhan articles have not been recovered as yet.

Having considered the materials on record and bearing

in mind the general and omnibus nature of allegations and the
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fact that search and seizure was effected at the matrimonial

home of the defacto complainant, we are of the opinion that

although custodial interrogation of the petitioners may not be

necessary, the petitioner no.1 requires to cooperate with the

investigation in accordance with law.

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing bond of

Rs.10,000/-(Rupees Ten Thousand only) each with two sureties

of like amount each 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 further

condition that the petitioner no.1 shall meet the Investigating

Officer of the case 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.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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