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An Application For Anticipatory … vs Abhijit Kuila @ Avijit on 6 August, 2018

1

37 06.08.2018
ss Allowed
C.R.M. 5673 of 2018

In the matter of : An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 03.08.2018 in connection with
Dantan P.S. Case No. 402 of 2018 dated 07.07.2018 under sections
498A/323/406/506/34 of the Indian Penal Code read with sections 3/4
of the Dowry Prohibition Act.

And

In the matter of : Abhijit Kuila @ Avijit

… … petitioner
Mr. Navanil De,
Mr. Rajeshwar Chakraborty
… … for the petitioner
Mr. Imran Ali,
Mr. Chittaranjan Ghosh
… … for the State

The petitioner seeks anticipatory bail in connection with Dantan P.S.

Case No. 402 of 2018 dated 07.07.2018 under sections

498A/323/406/506/34 of the Indian Penal Code read with sections 3/4 of

the Dowry Prohibition Act.

The petitioner is the husband of the victim.

The State opposes the prayer and refers to the previous conduct of

the petitioner. The charge-sheet has been filed.

Considering the material on record, it does not appear necessary for

the petitioner to be detained immediately.
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Accordingly, in the event of arrest, the petitioner will be granted bail

upon furnishing security of Rs. 10,000/- (Rupees ten thousand only), with

two sureties of Rs. 5,000/- (Rupees five thousand only) each, one of whom

must be local, to the satisfaction of the arresting officer, subject to the

conditions as laid down in Section 438(2) of the Code of Criminal

Procedure, 1973. In addition, the petitioner will also attend the trial on

a regular basis on the dates fixed. In default of the petitioner

attending the trial, the trial Court will be at liberty to cancel the

defaulting petitioner’s bail without reference to this Court.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

A certified copy of this order be immediately made available to the

petitioner, subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J) (Sanjib Banerjee, J.)

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