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Judgments of Supreme Court of India and High Courts

Anand Prakash Gupta vs Unknown on 28 January, 2019

1

526 28.1.2019

C.R.M.7392 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/09/2018 in
connection with Bantra P.S. Case No.196 of 2018 dated
gd 16/06/2018 under Sections 498A/302/304B/34 of the Indian
Penal Code.

And

In the matter of: Anand Prakash Gupta.

….petitioner.

Mr. Tarique Quasimuddin
Mr. Abbas Ibrahim Khan
…for the petitioner.

Mr. Rudradipta Nandy
…for the State.

Mr. Abhijit Kumar Adhya
…for the de facto complainant.

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

Case No.196 of 2018 dated 16/06/2018 under Sections 498A/302/304B/34

of the Indian Penal Code.

The State fairly submits that other accused persons standing on the

same footing as these petitioners have already been granted anticipatory bail.

The petitioner is entitled to the same benefit, subject to a condition that if any

harm comes to the children of the victim, an adverse inference may be drawn

against the petitioner.

The de facto complainant, the father of the victim, is represented.

The de facto complainant says that from time to time he and some

other member of his family accompanying him may be permitted to meet the

children to be assured of the well-being of the children.

The petitioner has, without prejudice to his rights and contentions,

accepted that the de facto complainant may visit the petitioner’s residence for

such purpose upon prior notice on any holiday on a weekly basis.

Advocate for the petitioner has furnished his mobile telephone

number and the mobile telephone number of the petitioner to Advocate for the

de facto complainant.

Accordingly, in the event of arrest, the petitioner is directed to be

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

Thousand only), with two sureties of Rs.5,000/- (Rupees Five Thousand Only)
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each to the satisfaction of the Arresting Officer, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition,

the petitioner will report to the Investigating Officer at such time and place as

may be specified by the concerned police officer, till the investigation is

completed.

The petition for anticipatory bail is allowed on the conditions

indicated above.

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

petitioner, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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