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Judgments of Supreme Court of India and High Courts

Ananda Sarkar vs Unknown on 14 June, 2018

1

14.06.2018

.

78.
as
(Allowed).

C.R.M. 3726 of 2018

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.06.2018 in connection
with Kumarganj P. S. Case No.12 of 2018 dated 27.01.2018 under
Sections 498A/304B/34 of the Indian Penal Code.

In the matter of : Ananda Sarkar.

… Petitioner.

Mr. Biswajit Manna.

…for the Petitioner.

Mr. Rana Mukherjee,
Mr. Arijit Ganguly.

…..for the State.

Heard the learned Counsels appearing on behalf of the

parties.

It is submitted on behalf of the petitioner that he is a

neighbour of the matrimonial house of the victim housewife and is

no way connected with the matrimonial life of the victim.

Learned advocate appearing for the State opposes the prayer

for anticipatory bail and submits that the petitioner had subjected

the victim to torture as would be evident from the statement of

Rabi Sarkar recorded under Section 164 of the Code of Criminal

Procedure.

We have considered the materials on record. We have noted

the statements of various witnesses including that of the Sankar
2

Sarkar and Gosta Paramanik recorded under Section 164 of the

Code of Criminal Procedure. They do not corroborate the

statement of Rabi Sarkar with regard to the allegation of torture by

the petitioner on the victim. Keeping in mind the extent of

complicity of the petitioner in the alleged crime and in view of the

fact that the principal accused persons are on bail, we are inclined

to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the

petitioner, namely, Ananda Sarkar shall be released on bail upon

furnishing a bond of Rs.10,000/- with two sureties of like amount

each to the satisfaction of the arresting officer and subject to the

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

Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)

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