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An Application For Anticipatory … vs 1. Siddharath Agarwal @ Sidharth … on 5 July, 2017


Sl No. 695.
Allowed. C.R.M. 4593 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure presented on 19.05.2017.

In the matter of: 1. Siddharath Agarwal @ Sidharth Agarwala,

2. Sanjay Agarwal @ Sanjay Agarwala.

… petitioners.

Mr. Y.J. Dastoor, Ld. Sr. Adv.,
Mr. C.K. Jain,
Mr. Samrat Goswami. … for the petitioners.

Ms. Kumkum Mitra. … for the State.

Mr. Tapash Kumar Bhattacharya,
Mr. Aviroop Bhattacharya. … for the de-facto complainant.

Apprehending arrest in course of investigation of Bhaktinagar Police
Station F.I.R. No. 347 of 2017 dated 05.04.2017 under Sections 498A/354 of the
Indian Penal Code, the petitioners (husband and elder brother-in-law of the de-
facto complainant) have applied for anticipatory bail.

Mr. Dastoor, learned senior advocate appearing for the petitioners submits
that the petitioners are well-established in life, having sufficient respectability in
society, and have been falsely implicated by the de-facto complainant. The prayer
of the petitioners is vehemently opposed by the learned advocates for the State
and the de-facto complainant.

We have heard learned advocates for the parties and perused the materials
in the case diary. It appears that the petitioners have complied with the notice
under Section 41A, Code of Criminal Procedure.

We are of the considered opinion that custodial interrogation of the
petitioners is not necessary for effective and meaningful investigation of the F.I.R.
and that they are entitled to direction as prayed for in this application.

C.R.M. 4593 of 2017 stands allowed with the direction that in the event of
the petitioners’ arrest, they shall be released on bail upon furnishing bond of
Rs.5,000/- each, with two sureties of like amount each, one of whom must be

local, to the satisfaction 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.

( Dipankar Datta, J.)

( Debi Prosad Dey, J. )

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