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Chandan Kumar Dutta & Ors vs State Of West Bengal on 11 July, 2018


93 11.07.2018

C.R.M. 4413 of 2018
sg Ct. No.28

In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 02.07.2018 in connection with Gangarampur P.S. Case No. 156/2018 dated
(Allowed) 22.06.2018 under Sections 498A/326/307/34 of the Indian Penal Code.

Chandan Kumar Dutta Ors.

State of West Bengal

Ms. Bitasha Majumdar, Adv.

…for the petitioners.

Mr. Faria Hossain, Adv.

Ms. Baisali Basu, Adv.

…for the State.

It is submitted on behalf of the petitioners that they are not the principal

accused and they have been falsely implicated in the instant case. Principal

accused has been granted regular bail.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary and bearing in mind

the extent of complicity of the petitioners in the alleged crime and the fact that

the principal accused i.e. the husband of the victim housewife has been granted

regular bail, we are inclined in granting anticipatory bail to the petitioners.

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

be released on bail upon furnishing a bond of Rs. 10,000/- 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 they shall appear before the court below and pray

for regular bail within a period of fortnight from date.

The application for anticipatory bail is allowed.

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

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