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Judgments of Supreme Court of India and High Courts

2019) vs In Re: Rajendra Sribastab & Ors on 1 November, 2019



Sl. No.35
C. R. M. 9336 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 25.09.2019 in connection with Kharagpur Local Police Station Case
No. 200 of 2019 dated 13.03.2019 under Sections 498A/Section323/Section307/Section506/Section34 of the Indian
Penal Code read with Sections 3/Section4 of the Dowry Prohibition Act. (G.R. Case No.798 of
In Re: Rajendra Sribastab Ors.

… … Petitioners
Mr. Suman De .. Advocate
… … for the petitioners

Ms. Sonali Bhar .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that the allegation of physical assault

is out and out false and they have been falsely implicated in the instant case.

Report is placed on record wherefrom it appears that the medical papers are not

found available in the hospital.

We have considered the materials on record in the light of the aforesaid report.

In the absence of medical papers supporting the allegation of physical assault, we are of

the opinion that custodial interrogation of the accused/petitioners may not be necessary in

the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Rajendra Sribastab, (2) Arbin Sribastab (3) Dipali Sribastab, be released

on bail upon furnishing a 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 be subject

to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and on further condition that they shall appear before the court below and pray for

regular bail within four weeks from date and petitioner no.1 shall meet the Investigating

Officer once in a week until further orders.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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