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Ashish Kumar Bhattacharjee vs Unknown on 22 November, 2019

1

81 22.11.2019
rkd Ct. No.28 C.R.M. 10877 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 21/11/2019 in
connection with Uttarpara P.S. Case No. 419 of 2019 dated
17/08/2019 under Sections 498A/Section354B/Section376/Section511 of the
Indian Penal Code.

And

In the matter of: Ashish Kumar Bhattacharjee
….petitioner.

Mr. S. Kumar,
Md. S. Khan
…for the petitioner.

Mr. S. Purokaisto
…for the State.

It is submitted on behalf of the petitioner that the instant case

has been belatedly instituted on false and frivolous allegations.

Learned counsel appearing on behalf of the State opposes the

prayer for anticipatory bail and submits that the petitioner i.e. father-

in-law had misbehaved with the defacto complainant wife..

Having considered the materials on record and bearing in mind

the nature of allegations in the light of the aforesaid submission that

there is delay in lodging the first information report, we are of the

opinion that though custodial interrogation of the petitioner is not

necessary, petitioner requires to cooperate with the investigation.

In the event of arrest, the petitioner shall be released on bail

upon furnishing a Bond of Rs. 10,000/- with two sureties of like

amount each to the satisfaction of the Arresting Officer and also be

subject to the conditions as laid down under Section 438(2) of the Code

of Criminal Procedure, 1973 and on further condition that he shall

meet the investigating officer once in a week until further orders and

that he shall appear before the court below and pray for regular bail

within four weeks from date.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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