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Act vs In Re: Shyamal Kumar Maiti @ … on 19 November, 2019

1

9.11.2019

l No.76
P
CRM 10688 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 15.11.2019 in connection with Narayangarh Police
Station Case No.174 of 2019 dated 10.10.2019 under Sections
498A/Section323/Section325/Section307/Section34 of the Indian Penal Code and Sections 3/4 of the DP
Act.

And

In Re: Shyamal Kumar Maiti @ Shyamal Maity
… … Petitioner.

Mr. Arun Khutia
… for the petitioner.

Mr. Imran Ali,
Ms. Seema Biswas
… … for the State.

It is submitted on behalf of the petitioner that there was free fight over

domestic issues and both parties suffered injuries.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature

of allegations in the alleged crime and in view of the fact that both parties

suffered injuries over the self-same transaction, we are inclined to grant

anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released

on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only),

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 the petitioner
2

shall meet the investigating officer once in a week until further orders and on

condition that the petitioner shall appear before the court below and pray for

regular bail within a period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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