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Judgments of Supreme Court of India and High Courts

Ajit Sarkar And Another vs The State Of West Bengal on 9 January, 2019

1

Serial No.24.

January 9, 2019.

SG
Allowed
CRM 148 of 2019

In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.

In the matter of:

Ajit Sarkar and another

-versus-

The State of West Bengal

Mr Amanul Islam
… for the petitioners.

Mr Saswata Gopal Mukherjee
Mr Aniket Mitra
… for the State.

The petitioners seek anticipatory bail in connection with
Tehatta Police Station Case No.433 of 2018 dated December 13,
2018 under
Sections 498A/302/34 of the Indian Penal Code.

The State produces the case diary and refers to the statement
of the daughter of the victim where the daughter has blamed her
father. The State also says that the thrust of the allegations is
against the husband of the victim who is in custody.

Considering the material against the petitioners and the extent
of their involvement in the incident which led to the unnatural
death of the victim, there may not be any need to take the
petitioners into custody at this stage.

Accordingly, in the event of arrest, the petitioners are directed
to be released on bail upon furnishing bonds of Rs.10,000/-

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(Rupees Ten Thousand Only) each, with two sureties of Rs.5,000/-
(Rupees Five Thousand Only) each, one of whom must be local, to
the satisfaction of the arresting officer, subject to the conditions laid
down in
Section 438(2) of the Code of Criminal Procedure, 1973. In
addition, the petitioners will report to the investigating officer at
such time and place as may be specified by the concerned police
officer, till the investigation is completed.

The petition for anticipatory bail is allowed on the conditions
indicated above.

A certified copy of this order be immediately made available to
the petitioners, subject to compliance with all requisite formalities.

( Sanjib Banerjee, J. )

( Suvra Ghosh, J. )
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