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Judgments of Supreme Court of India and High Courts

CRM/8593/2018 on 31 January, 2019

1

596.
31-01-2019
partly allowed
debajyoti
CRM No.8593 of 2018

In re : Merajuddin Sk. Ors.

….. Petitioners.

Mr. Tapodip Gupta,
Mr. Priyankar Ganguly
….. For the Petitioners.

Mr. Arijit Ganguly,
Mr. Avik Ghatak
….. For the State.

The petitioners seek anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with
Sagardighi Police Station Case No.391 of 2018 dated 01-09-
2018 under Sections 498A/306/34 of the Indian Penal Code.

The petition is dismissed as regards the fourth petitioner
since he has already been arrested.

The State refers to a statement of a daughter of the
complainant. In such statement, the victim has exonerated
all the petitioners.

In such circumstances, the petitioner nos.1, 2, 3 and 5
are entitled to anticipatory bail.

Accordingly, in the event of arrest, the petitioner nos.1,
2, 3 and 5 will be granted bail upon furnishing bonds of
Rs.10,000/- (Rupees Ten Thousand only) each, with two
sureties of Rs.5,000/- (Rupees Five Thousand only) each to
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the satisfaction of the Arresting Officer, subject to the
conditions as laid down in Section 438(2) of the Code of
Criminal Procedure, 1973.

In addition, the petitioner nos.1, 2, 3 and 5 will report to
the Investigating Officer at such time and place as may be
specified by the concerned police officer, till the investigation
is completed.

The petition for anticipatory bail is allowed in part
subject to the conditions as indicated above.

Certified copies of this order be immediately made
available to the petitioners subject to compliance with all
requisite formalities.

( Suvra Ghosh, J. ) ( Sanjib Banerjee, J. )

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