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Anup Das vs Unknown on 3 July, 2018

1

86 03.07.2018
AB Court 28

C.R.M. 4420 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Bizpur P.S.
Case No.256 of 2018 dated 2.5.2018 under Sections 498A
354C/376D/307/306/34/309/109 of the Indian Penal Code

And

In the matter of : Anup Das

…Petitioner.

Mr. Kaustav Bagchi,
Ms. S. Bhattacharya …for the Petitioner.

Mr. Madhusudan Sur,
Mr. Dipankar Pramanik …for the State.

It is submitted on behalf of the petitioner that he has

been falsely implicated in the instant case due to matrimonial

discord between the defacto complainant and her husband,

namely Moinak Ghosh who is the principal accused.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

We have considered the materials on record and we find

that the petitioner is a friend of the principal accused. Keeping

in mind the extent of complicity of the petitioner in the alleged

crime, we are of the opinion that custodial interrogation of the

petitioner may not be necessary and he may be granted

anticipatory bail.

2

Accordingly, we direct that in the event of arrest the

petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-(Rupees Ten Thousand only) with two sureties of

like amount each to the satisfaction of the arresting officer 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, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

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

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