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Code Read With Sections 3/4 Of The … vs In Re: Anisur Mallick @ Anisul … on 20 December, 2019

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20.12.19

Sl. No.89
akd
[ALLOWED]
C. R. M. 12139 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 19.12.2019 in connection with AJC Bose B. Garden Police Station
Case No. 157 of 2019 dated 22.11.2019 under Sections 498A/Section406 of the Indian Penal
Code read with Sections 3/Section4 of the Dowry Prohibition Act.

And

In Re: Anisur Mallick @ Anisul Mallick
… … Petitioner
Ms. Ayana Dey .. Advocate
Ms. Sananda Bhattacharyya .. Advocate
… … for the petitioner

Mr. Gautam Banerjee .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that he is the husband of the de-facto

complainant and has been falsely implicated in the instant case.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

Having considered the materials on record and in view of the fact that there has

been considerable delay in lodging the FIR and as the allegation of physical assault is not

supported by medical documents, we are of the opinion that custodial interrogation of the

accused/petitioner may not be necessary in the facts of the present case and he may be

granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Anisur Mallick @ Anisul Mallick, be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the
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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 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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