1
25.11.2019
tkm/ct 28 C.R.M. 10946 of 2019
sl no. 79
In Re : An application for anticipatory bail under Sectionsection 438 of the Code
of Criminal Procedure filed on 22.11.2019 in connection with Midnapur
All Women P.S case no. 139 of 2019 dated 11.10.2019 under Sectionsections
498A/Section323/Section307/Section34 of the Indian Penal Code
And
Allowed
In Re : Tabrej Mallick Ors. …… petitioners
Mr. M K Patatunda
Mr. R Mukherjee
…… for the petitioners
Ms. Kum Kum Mitra
…… for the State
Heard the learned advocates appearing for the respective
parties.
It is submitted on behalf of the petitioners that they have
been falsely implicated in the instant case. The incident occurred 19
years after marriage.
Learned lawyer for the State opposes the prayer for
anticipatory bail.
Having considered the materials in the case diary and bearing
in mind the nature of allegations in the light of the aforesaid
submissions made on behalf of the petitioners and as the allegation
of physical assault is not supported by medical evidence, we are
inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of Rs.
2
10,000/- 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 Sectionsection 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the
petitioner no. 1 shall meet the investigating officer once in a week
while on bail until further orders and that the petitioners shall
appear before the court below and pray for regular bail within four
weeks from date.
The application being CRM 10946 of 2019 is disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)