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Buddhadeb Swarnakar & Anr vs Unknown on 5 July, 2018


96 05.07.2018 C.R.M. 4517 of 2018
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04.07.2018 in connection
with Karimpur P.S. Case No.96 of 2018 dated 03.06.2018 under
Sections 498A/307/34 of the Indian Penal Code.


In the matter of: Buddhadeb Swarnakar Anr.

Mr. Asraf Mandal
… for the petitioners
Mr. Imran Ali
Mr. M.F.A. Beg
… for the State

It is submitted on behalf of the petitioners that they are
allowed the in-laws of the victim-housewife and have been falsely

implicated in the instant case.

Learned counsel for the State opposes the prayer for bail.

Having considered the materials in the case diary prima

facie disclosing involvement of the petitioner no. 2 in assaulting

the victim which is supported by medical evidence, we are not

inclined to grant anticipatory bail to her. However, keeping in

mind the extent of complicity of petitioner no. 1 in the alleged

crime, we are inclined in granting anticipatory bail to him.

Accordingly, we direct that in the event of arrest, the

petitioner no. 1 shall be released on anticipatory bail upon

furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only) with

two sureties of like amount, 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.

The application for anticipatory bail of petitioner no. 1 is,

accordingly, allowed.

The application for anticipatory bail of petitioner no. 2 is,

accordingly, rejected.

Urgent Photostat Certified copy of this order, if applied for,

be supplied expeditiously after complying with all necessary legal


(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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