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Deepak Mohan vs Unknown on 19 February, 2019

1

19.02.2019

.

89.
as
(Allowed).

C.R.M. 1870 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 10.01.2019 in connection
with Siliguri Woman P. S. Case No.02 of 2019 dated 04.01.2019
under Sections 498A/315 of the Indian Penal Code and Section 4
of the Dowry Prohibition Act.

In the matter of : Deepak Mohan.

… Petitioner.

Mr. Ayan Bhattacharya,
Ms. Labani Pan,
Mr. Rahul Sarkar,
Ms. T. Sengupta.

…for the Petitioner.

Mr. Avishek Sinha.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that there are

number of proceedings pending by and between the parties over a

matrimonial dispute. It is further submitted that he has been

falsely implicated in the instant case and the allegations are out

and out false.

Learned advocate appearing for the State opposes the prayer

for anticipatory bail and submits that the petitioner has not co-

operated with the investigation and stridhan articles have not been

recovered.

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This, however, is denied and disputed by the learned

Advocate appearing for the petitioner.

We have considered the materials on record. We find that

there are number of proceedings pending by and between the

parties arising out of a matrimonial discord. Keeping in mind the

nature of allegations in the backdrop of the attending facts and

circumstances of the case, we are of the opinion that though

custodial interrogation of the petitioner is not necessary, he

requires to co-operate with the investigation in accordance with

law.

Accordingly, we direct that in the event of arrest the

petitioner viz., Deepak Mohan shall be released on bail upon

furnishing a bond of Rs.10,000/- with two sureties of like amount

each, to the satisfaction of the arresting officer and subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on further condition that the

petitioner shall meet the investigating officer once in a week until

further orders.

This application for anticipatory bail is, thus, disposed of.

(Manojit Mandal,J.) (Joymalya Bagchi, J.)
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