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4 Of The Dowry Prohibition Act. … vs In Re: Jogindar Singh @ Joginder … on 11 March, 2019



Sl. No.139
C. R. M. 2768 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 07.03.2019 in connection with Girish Park Police Station Case No. 21
of 2019 dated 26.02.2019 under Sections 498A/406 of the Indian Penal Code and Section
4 of the Dowry Prohibition Act. (G.R. Case No. 248 of 2019)


In Re: Jogindar Singh @ Joginder Singh
… … Petitioner

Dr. Jyotirmoy Adhikari .. Advocate
Mr. Tirthankar Dhali .. Advocate
Mr. Gourab Das .. Advocate
… … for the petitioner

Mr. Pratick Bose .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that the incident occurred in the course

of a domestic quarrel and that he has been falsely implicated in the instant case.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the victim was assaulted.

We have considered the materials on record including the statement of the

victim recorded as FIR. We find that the incident was not premeditated and occurred in

the course of a domestic quarrel. In view of the aforesaid facts, we are of the opinion

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

of the present case and he may be granted anticipatory bail, his cooperation for the

purpose of investigation requires to be assured.

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

Jogindar Singh @ Joginder Singh, 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 and shall

appear before the court below and pray for regular bail within a fortnight from date.

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

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

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