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Judgments of Supreme Court of India and High Courts

Amit Biswas & Ors vs Unknown on 3 July, 2018

1

03.07.2018

Ct.28
RP 69
CRM 4396 of 2018

In Re : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed in connection with New Barrackpore PS Case No.
140/2018 dated 14.06.2018 under Section 498A/307/406/506/34 of Indian
Penal Code.

And

In the matter of : Amit Biswas Ors.

…. Petitioners
Mr. Abdur Rakib, Adv.

….. For the Petitioners

Ms. Kakali Chatterjee, Adv.

….. for the State

It is submitted on behalf of the petitioners that they have been

falsely implicated in the instant case due to matrimonial discord

between the petitioner no.1 and the de facto complainant.

Learned Advocate appearing for the State produces the case diary

and opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind

the nature of allegations in the light of the aforesaid submissions made

on behalf of the petitioner and the fact that the allegation of attempt to

murder the victim is not supported by medical evidence, we are of the

opinion that custodial interrogation of the petitioners is not necessary

in the facts of the case and they may be granted anticipatory bail.
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Accordingly, we direct that in the event of arrest the petitioner

shall be released on anticipatory bail upon furnishing 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 subject

to the conditions laid down in sub-section (2) of Section 438 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.

The application for anticipatory bail is, accordingly, allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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