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Bimal Chandra Bera & Ors vs Unknown on 11 July, 2018


73 11.07.2018
AB Court 28

C.R.M. 4683 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Daspur P.S.
Case No.114 of 2018 dated 16.4.2018 under
Sections 498A
323/325/307/406/34 of the Indian Penal Code


In the matter of : Bimal Chandra Bera Ors.


Mr. Keshab Chandra Das …for the Petitioners.

Mr. Anirban Banerjee …for the State.

It is submitted on behalf of the petitioners that they

have been falsely implicated in the instant case.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the nature of allegations and the fact that the allegation

of physical assault is not supported by medical evidence, we are

of the opinion that custodial interrogation of the petitioners may

not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a 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 also subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further

condition that petitioner no.1 shall meet the Investigating Officer

of the case once a week until further orders.

The application for anticipatory bail is, accordingly,


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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