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An Application For Anticipatory … vs 1. Naresh Kundu on 7 September, 2017


Sl No. 212.

Partly Allowed.


C.R.M. 7827 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure in connection with Arambagh Police Station FIR No.
814/2017 dated 01.08.2017 under Sections
323/504/498A/34/506(2)/497/354(B)/379 of the Indian Penal Code.

In the matter of: 1. Naresh Kundu,

2. Paresh Kundu,

3. Smt. Santwana Kundu @ Santana Kundu,

4. Smt. Kajal Kundu,

5. Ranjit Kundu,

6. Sanatan Kundu,

7. Sahadeb Mondal,

8. Smt. Sefali Mondal. ………petitioners.

Mr. Amitabha Karmakar,
Mr. Arup Kumar Bhowmick. ….. for the petitioners.

Mr. Arijit Ganguly,
Mr. Avik Ghatak. ….. for the State.

Mr. Ganguly, learned advocate appearing for the State by referring to an
order dated 9th August, 2017 of the learned Additional Chief Judicial Magistrate,
Arambagh, Hooghly submits that the petitioner nos. 1 to 7 have surrendered and
thereafter been released on bail.

In that view of the matter, the application at the instance of the petitioner nos.
1 to 7 stands dismissed as infructuous.

Mr. Ganguly also fairly submits that there is dearth of materials suggesting
direct involvement of the petitioner no. 8 in the alleged offence.

Accordingly, we hold that custodial investigation of the petitioner no. 8 is
not necessary and that she is entitled to direction as prayed for in this
application. The prayer for direction made at the instance of the petitioner no.8
stands allowed.

It is, accordingly, directed that in the event of arrest of the petitioner no. 8,
she shall be released on bail on furnishing bond of Rs.5,000/-, with two

sureties of like amount, one of whom must be local, to the satisfaction of the of
the arresting officer and also subject to the conditions as laid down in sub-
section (2) of Section 438 of the Code of Criminal Procedure.

C.R.M. 7827 of 2017 is, thus, disposed of.

( Debi Prosad Dey, J. ) ( Dipankar Datta, J.)

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