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An Application For Anticipatory … vs 1. Sanjay Bhattacharjee on 28 April, 2017

1

28.04.2017 C.R.M. 3238 of 2017.

allowed

61
c
In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17th April, 2017.

And
In the matter of : 1. Sanjay Bhattacharjee

2. Anju Bhattacharjee.

Petitioners
Mr. Tapas Ghosh
Mr. Tanmoy Chowdhury.

….. For the Petitioners
Mr. Asish Das
…… For the State

Apprehending arrest in course of investigation of Uttarpara Police Station FIR No.
178 of 2017 dated 27.2.2017 under sections 498A/406/323 of the Indian Penal Code,
the petitioners have applied for anticipatory bail.

At the outset, it is submitted by Mr. Ghosh, learned advocate for the petitioners
that the petitioner no.1 has since been arrested and the application shall not be pressed
at his instance.

Not pressed The application of the petitioner no.1 is dismissed as infructuous.

We have heard Mr. Ghosh in support of the prayer made by the petitioner no.2
and perused the materials in the case diary. There is dearth of sufficient material
therein to suggest direct involvement of the petitioner no.2 in the alleged crime.

In that view of the matter, we are of the opinion that custodial interrogation of the
petitioner no.2 is not necessary for effective and meaningful investigation of the FIR and
that she is entitled to direction, as prayed for, in the application.

o.2 : Allowed The application for anticipatory bail stands allowed with the direction that in the
event of arrest, the petitioner no.2 viz. Anju Bhattacharjee, shall be released on bail
upon furnishing bond of Rs.5000/- (Rupees five thousand) with two sureties of like
amount, one of whom must be local to the satisfaction of the arresting officer and
subject to the condition as laid down in sub-section (2) of section 438 of the Code of
Criminal Procedure.

( Dipankar Datta, J.)

(Debi Prosad Dey, J. )
2

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