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An Application For Anticipatory … vs 1. Swapan Sarkar on 13 July, 2017


13.07.2017 C.R.M. 5264 of 2017
1 In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 13th June, 2017.

In the matter of : 1. Swapan Sarkar, 2. Arati Sarkar, 3. Sailen Sarkar

4. Ruma Sarkar and 5. Rina Sarkar.


Mr. Pravas Bhattacharya
….. For the Petitioners.
Mr. Arabinda Manna
…… For the State

Apprehending arrest in course of investigation of Samuktala Police Station FIR
No. 133 of 2017 dated 19.5.2017 under sections 498A/307 of the Indian Penal Code, the
petitioners (the husband, the parents-in-law, the sister-in-law and a neighbour) have
applied for anticipatory bail.

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

ot pressed The application of the petitioner no.1 stands dismissed as not pressed.

4,5 : Allowed We have heard learned advocates for the parties and perused the materials in the
case diary, more particularly, the injury report which suggests that the nature of injury
suffered by the victim is simple in nature. Having regard to the level of complicity of the
petitioners 2, 3, 4 and 5, as reflected from the case diary, we are of the considered
opinion that their custodial interrogation is not necessary for effective and meaningful
investigation of the FIR and that they are entitled to direction, as prayed for in the

The application, thus, stands partly allowed with the direction that in the event of
arrest of the petitioners 2, 3, 4 and 5, they shall be released on bail upon furnishing
bond of Rs.5000/-(Rupees five thousand) each with two sureties of like amount each,
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

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

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