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Judgments of Supreme Court of India and High Courts

3.02.2020 Under Sections … vs In Re: Surajit Paul on 19 February, 2020



Sl. No.75
C. R. M. 1863 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 18.02.2020 in connection with Tala Police Station Case No. 17 dated
13.02.2020 under Sections 498A/323/324/506 of the Indian Penal Code.


In Re: Surajit Paul
… … Petitioner
Mr. Shyamal Mukhopadhyay .. Advocate
Ms. Priyanka Chatterjee .. Advocate
… … for the petitioner

Mr. Rana Mukherjee .. Advocate
Ms. Sonali Bhar .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that he has been falsely implicated in

the instant case out of a matrimonial discord.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of

allegations in the light of the aforesaid submission made on behalf of the petitioner and as

the injuries appear to be simple in nature, we are of the opinion that custodial

interrogation of the accused/petitioner may not be necessary in the facts of the present

case and he may be granted anticipatory bail.

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

Surajit Paul, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

thousand only), 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 he shall meet the

Investigating Officer once in a week until further orders. Petitioner shall appear before the

Investigating Agency and hand over his passport, if any, within a fortnight from date. In

the event he does not have a passport, he shall personally appear before the

Investigating Agency and furnish an affidavit to that effect within the time frame mentioned


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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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