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Judgments of Supreme Court of India and High Courts

Bhupendra Sarkar vs Unknown on 11 April, 2017



Item No.59
SB C.R.M. 2531 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 28.03.2017.

In the matter of : Bhupendra Sarkar
…. petitioner.

Mr. Ayan Bhattacharjee,
Mr. Anjan Datta
…for the petitioner.

Mr. Prasun Kr. Dutta,
Mr. Nirupam Dhali
…for the State.

Apprehending arrest in course of investigation of Gaighata

P.S. F.I.R. No. 676/2013 dated 10.09.2013 under Sections

498A/406/304B of the Indian Penal Code and subsequently filing

of Charge Sheet under Sections 498A/304B/406/34 of the Indian

Penal Code pending before the learned Additional Chief Judicial

Magistrate, Bongaon, North 24 Parganas, the petitioner has

applied for anticipatory bail.

It is submitted by Mr. Bhattacharjee, learned advocate

appearing for the petitioner that he has been falsely implicated. It

is also submitted that upon completion of investigation, police

report under Section 173(2) of the Code of Criminal Procedure

(charge-sheet) has already been submitted before the relevant


Mr. Manna, learned advocate appearing for the State has

produced the case diary.

We have perused the materials in the case diary and the

statement of the witness (neighbour of the victim) recorded under

Section 161 of the Code of Criminal Procedure.

Having considered the materials in the case diary, we are of

the view that curtailment of the petitioner’s liberty, on facts and in

the circumstances, is not necessary and that this is a fit and

proper case for making direction, as prayed for.

Accordingly, C.R.M. 2531 of 2017 stands allowed with the

direction that in the event of arrest, the petitioner shall be released

on bail upon furnishing bond of Rs.5,000/- (Rupees Five

Thousand) each, with two sureties of like amount each, one of

whom must be local, to the satisfaction of the Court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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