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Judgments of Supreme Court of India and High Courts

And Under Section 3 And 4 Of The … vs In Re on 3 October, 2018

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3.10.2018
21

Allowed
md.

CRM No. 7777 of 2018
Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 11th September, 2018 in
connection with Amherst Street Police Station Case No. 122 dated
26.04.2018 under Sections 498A/406/34 of the Indian Penal Code
and under Section 3 and 4 of the Dowry Prohibition Act.

And
In Re:-

Krishna Gupta
… Petitioner
Mr. Ramasish Mukherjee, Advocate
Mr. Amit Pan, Advocate

..for the Petitioner
Ms. Baisali Basu, Advocate

.. for the de facto complainant

Mr. A. Manna, Advocate
.. for the State

The petitioner seeks anticipatory bail in connection with

Amherst Street Police Station Case No. 122 dated 26.04.2018 under

Sections 498A/406/34 of the Indian Penal Code and under Section 3

and 4 of the Dowry Prohibition Act.

The de facto complainant is represented and says that the

marriage lasted six years, before it ran into heavy weather over the

father-in-law suspecting foul play on the part of the petitioner upon the

mother-in-law’s sudden demise.

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The de facto complainant submits that there have been recent

overtures for a settlement and the de facto complainant does not wish

to stand in the way of the husband and his freedom of movement.

The State produces the case diary.

Considering the material against the petitioner, there does not

appear be any need to take the petitioner into custody at the moment.

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 report to the Investigating

Officer at such time and place as may be specified by the concerned

police officer.

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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