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107 05.02.2019 C.R.M. 665 of 2019
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 14.01.2019 in connection with
Titagarh P.S. Case No.504 dated 08.09.2018 under Sections
498A/406/323/506/307/34 of the Indian Penal Code.
And
In the matter of: Anurupa Duta @ Anuraua Dutta Anr.
…Petitioners
Mr. Tirthankar Ghosh
Mr. Satadru Lahiri
… for the petitioners
Mr. R. Nandy
… for the State
It is submitted on behalf of the petitioners that they have been
falsely implicated out of a matrimonial dispute and it is submitted that
Allowed petitioner no. 1 is suffering from grave ailments.
Learned counsel for the State opposes the prayer for
anticipatory bail.
We have considered the materials on record and keeping in
mind the fact that the allegations of physical assault is not supported by
medical evidence, we are inclined to grant anticipatory bail to the
petitioners.
Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing bond of
Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of like
amount each, to the satisfaction of the arresting officer and petitioner
no. 2 shall meet the investigating officer once in a week until further
orders 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.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)
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