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Judgments of Supreme Court of India and High Courts

CRM/4768/2019 on 14 June, 2019

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37 14.06.2019

C.R.M. 4768 of 2019
PG

Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.

In re : Abdul Alim……………petitioner

Mr. Kallol Mondal
Mr. Partha Sarathi Ghosh
Mr. Krishan Roy
Ms. Amrita Chel…..for the petitioner

Ms. Kakali Chatterjee………….for the State

The petitioner apprehends arrest in course of investigation of

Nabagram Police Station F.I.R. No. 92 of 2019 dated 16.03.2019 under Sectionsections

498A/Section325/Section354/Section307/Section406/Section34 of the Indian Penal Code and Sectionsections 3 and Section4,

SectionDowry Prohibition Act; hence, he has presented this application for a direction

that in the event of such arrest, he may be released on bail.

Having heard learned advocates for the parties and on perusal of the

materials in the case diary, we are satisfied that the F.I.R. could be a counter-

blast to the F.I.R. that was lodged against the de-facto complainant by the

father of the accused/petitioner. That apart, neither is there any statement of

the victim recorded under Sectionsection 164 of the Code of Criminal Procedure, 1973

(hereafter the ‘Code’) nor is there any injury report generated from a

Government hospital. The prescription issued by a private clinic suggests

headache and body ache suffered by the complainant for which pain-killers and

antacids were prescribed.

In view of the above, we are of the considered opinion that custodial

interrogation of the petitioner is not necessary and it is a fit and proper case for

making direction, as prayed for.

Accordingly, it is directed that in the event of arrest, the petitioner

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

Thousand) only with two sureties of like amount one of whom must be local, to

the satisfaction of the arresting officer and also subject to the conditions laid

down in sub-section (2) of Section 438 of the Code.

The application is, thus, disposed of.

(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)
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