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11.03.19
Sl. No.139
akd
[ALLOWED]
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)
And
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.
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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.)
