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11.04.2017
Item No.59
(Allowed)
SB C.R.M. 2531 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 28.03.2017.
In the matter of : Bhupendra Sarkar
…. petitioner.
Mr. Ayan Bhattacharjee,
Mr. Anjan Datta
…for the petitioner.
Mr. Prasun Kr. Dutta,
Mr. Nirupam Dhali
…for the State.
Apprehending arrest in course of investigation of Gaighata
P.S. F.I.R. No. 676/2013 dated 10.09.2013 under Sections
498A/406/304B of the Indian Penal Code and subsequently filing
of Charge Sheet under Sections 498A/304B/406/34 of the Indian
Penal Code pending before the learned Additional Chief Judicial
Magistrate, Bongaon, North 24 Parganas, the petitioner has
applied for anticipatory bail.
It is submitted by Mr. Bhattacharjee, learned advocate
appearing for the petitioner that he has been falsely implicated. It
is also submitted that upon completion of investigation, police
report under Section 173(2) of the Code of Criminal Procedure
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(charge-sheet) has already been submitted before the relevant
magistrate.
Mr. Manna, learned advocate appearing for the State has
produced the case diary.
We have perused the materials in the case diary and the
statement of the witness (neighbour of the victim) recorded under
Section 161 of the Code of Criminal Procedure.
Having considered the materials in the case diary, we are of
the view that curtailment of the petitioner’s liberty, on facts and in
the circumstances, is not necessary and that this is a fit and
proper case for making direction, as prayed for.
Accordingly, C.R.M. 2531 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) each, 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.)
