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02.04.2019
tkm/ct 28 C.R.M. 3724 of 2019
sl no. 90

In Re : An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 1.4.2019 in connection with Tollygunge Women
P.S Sec UI(W) C/No. 03 dated 27.3.2019 under sections
498A/406/506/509/34 of the Indian Penal Code and 4 of the DP Act
And
Allowed
In Re : Ashok Kundu Anr. …… petitioners

Mr. Sudip Ghosh Chaudhury
Mr. A. Bhattacharyya
Mr. T. Bhattcharya
…… for the petitioners
Ms. Faria Hossain
Ms. Baisali Basu
…… for the State

It is submitted on behalf of the petitioners that the couple
was residing separately since 2015.

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 submission made on behalf of the petitioners, we are of
the opinion custodial interrogation of the petitioners is not
necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of Rs.
10,000/- each with two sureties of like amount each, 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 and on further condition that petitioner
no. 2 shall meet the investigating officer once in a week until
further orders and petitioners shall appear before the court below
and pray for regular bail within a fortnight from date.

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The application being CRM 3724 of 2019 is disposed of.

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