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Archana Jain vs Unknown on 16 August, 2017


Item No.828
SB C.R.M. 6633 of 2017

In Re:- An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 11.07.2017.

In the matter of :

Archana Jain,

2. Shalu Jain Jaiswal

Mr. Purnasish Gupta,
Mr. Jayanta Kr. Mukhopadhyay,
Ms. Mary Datta …for the petitioners.

Mr. Shibaji Kr. Das …for the State.

Apprehending arrest in course of investigation of Cossipore P.S.
(Section M1) F.I.R. No. 112 of 2017 dated 28/05/2017 under Sections
498A/406/34 of the Indian Penal Code read with Sections 3(ii)(iii)(x) of
the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act,
1989 (hereafter the Act), the petitioners have applied for pre-arrest bail.

We have heard learned advocates for the parties and perused the
materials in the case diary.

In view of the nature of allegations levelled against the petitioners,
Section 18 of the Act is not a bar to entertainment of this application;
hence, the application is entertained. We are of the further view, having
regard to the level of complicity of the petitioners, as revealed from the
case diary, that their custodial interrogation is not necessary for effective
and meaningful progress of investigation of the F.I.R.

Accordingly, C.R.M. 6633 of 2017 stands allowed with the direction
that in the event of arrest of the petitioners, they shall be released on
bail upon furnishing bond of Rs.5,000/- (Rupees Five Thousand), with
two sureties of like amount each, one of whom must be local, to the
satisfaction of the arresting officer and subject to the conditions as laid

down in sub-section (2) of Section 438 of the Code of Criminal

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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