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Anup Chakraborty & Anr vs State Of West Bengal on 31 May, 2018


72 31.05.2018
Ct. No.8 C.R.M. 3253 of 2018
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
sg Procedure filed on 29.05.2018 in connection with Uluberia P.S. Case No. 242/2018
(Allowed) dated 06.04.2018 under Sections 195A/34 of the Indian Penal Code.

Anup Chakraborty Anr.
State of West Bengal

Mr. Shibaji Kr. Das, Adv.
…for the petitioners.
Mr. Gautam Banerjee, Adv.
…for the State.

It is submitted on behalf of the petitioners that they are the distant

relations of the victim housewife and the have been falsely implicated in the

series of criminal case.

Learned lawyer for the State opposes the prayer for bail and submits

that the petitioners are threatening the witnesses.

We have considered the materials on record and we find that the

initially a case was registered against the husband and the near relations of the

victim housewife under Section 498A/302 of the Indian Penal Code. Petitioners

were not accused persons in the said case. Keeping in mind the aforesaid fact

and in view of the nature of allegations, we are of the opinion though custodial

interrogation is not necessary, movement of the petitioners require to be

restricted in order to instill confidence in the mind of the de-facto complainant.

In the event of arrest, the petitioners shall be released on bail upon furnishing a Bond

of Rs. 10,000/- each with two sureties of like amount each to the satisfaction of the arresting

officer subject to condition that he shall not enter the jurisdiction of Uluberia Police Station

except for the purposes of investigation and shall provide addresses where they shall presently

reside to the investigating agency and the court below and also subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure, 1973.

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

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

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