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08.05.2018
184
sdas
Allowed
C.R.M. 2001 of 2018
In Re:- An application under Section 438 of the Code of Criminal
Procedure filed on 03.05.2018 in connection with Chandipur Police
Station Case No. 35 of 2018 dated 26.02.2018 under Sections
498A/324/307/34 of the Indian Penal Code.
And
In Re : Buddhadev Guria …… petitioner
Mr. Biswapriya Samanta
…..for the petitioner
Mr. Arijit Ganguli,
Ms. Sujata Das
….for the State
It is submitted by the learned Counsel appearing for the
petitioner that there is a domestic dispute between the defacto
complainant and the husband of the victim and the petitioner is the
step son of the defacto complainant has been falsely implicated in the
instant case.
Learned Counsel appearing for State opposes the prayer for
anticipatory bail and submits that the victim has been suffered from
electric shock at her residence.
Having considered the materials on record we note that
domestic dispute was over the issue of gift of ancestral property to the
petitioner. It is unclear from the medical report as to whether electric
burn was accidental or inflicted by the hostile hands. We are of the
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opinion that custodial interrogation of the petitioner may not be
necessary in the facts of the case but his movement requires to be
restricted in order to instill confidence in the mind of the defacto
complainant.
Accordingly, we direct that in the event of arrest the petitioner
shall be released on bail upon furnishing a bond of Rs.10,000/-, with
two sureties of like amount, to the satisfaction of the arresting officer
and also subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973 on condition that he shall not
enter the jurisdiction of Chandipur Police Station except for attending
the police station until further orders and he shall provide the address
where he shall presently reside to the investigating agency as well as
the learned Court below.
This application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
