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498A/506/406/34 Of The Indian … vs In Re: Avishek Ghosh & Ors on 23 April, 2019



Sl. No.63
A Polley
C. R. M. 4417 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 22.04.2019 in connection with AJC Bose Botanic
Garden Police Station Case No. 42/19 dated 07.04.2019 under Sections
498A/Section506/Section406/Section34 of the Indian Penal Code.


In Re: Avishek Ghosh Ors.

… … Petitioners

Mr. S. Pachhal
Mr. S. Gooptu
Mr. A.N. Naskar
Mr. S. Sen
… … for the petitioners

Mr. R. Jana
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners initially the parties had

resolved their matrimonial dispute and filed an application for divorce on mutual

consent. Subsequently, instant criminal case has been registered only to harass

and humiliate the petitioners.

Learned advocate for the State opposes the prayer for anticipatory bail

and submits that the petitioners have not cooperated with the investigation.

Having considered the materials in the case diary and bearing in mind

the nature of allegations and in the light of the aforesaid submission made on

behalf of the petitioners, we are of the opinion that the petitioners may be

granted anticipatory bail, however, subject to certain conditions.

Accordingly, we direct that in the event of arrest, the petitioners be

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand

only) 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 Section

438(2) of the Code of Criminal Procedure, 1973 and on further condition that

they shall meet the Investigating Officer once in a week until further orders and

they shall appear before the court below and pray for regular bail within a

fortnight from date.

The application for anticipatory bail is, thus, allowed.

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

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