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96 05.07.2018 C.R.M. 4517 of 2018
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04.07.2018 in connection
with Karimpur P.S. Case No.96 of 2018 dated 03.06.2018 under
Sections 498A/307/34 of the Indian Penal Code.
And
In the matter of: Buddhadeb Swarnakar Anr.
…Petitioners
Mr. Asraf Mandal
… for the petitioners
Mr. Imran Ali
Mr. M.F.A. Beg
… for the State
It is submitted on behalf of the petitioners that they are
Partly
allowed the in-laws of the victim-housewife and have been falsely
implicated in the instant case.
Learned counsel for the State opposes the prayer for bail.
Having considered the materials in the case diary prima
facie disclosing involvement of the petitioner no. 2 in assaulting
the victim which is supported by medical evidence, we are not
inclined to grant anticipatory bail to her. However, keeping in
mind the extent of complicity of petitioner no. 1 in the alleged
crime, we are inclined in granting anticipatory bail to him.
Accordingly, we direct that in the event of arrest, the
petitioner no. 1 shall be released on anticipatory bail upon
furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only) with
two sureties of like amount, to the satisfaction of the arresting
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officer and also be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail of petitioner no. 1 is,
accordingly, allowed.
The application for anticipatory bail of petitioner no. 2 is,
accordingly, rejected.
Urgent Photostat Certified copy of this order, if applied for,
be supplied expeditiously after complying with all necessary legal
formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)