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Judgments of Supreme Court of India and High Courts

Dinesh Adhikary vs Unknown on 26 June, 2018

1

86 26.06.2018
AB Court 28

C.R.M. 4186 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Kolaghat
P.S. Case No.165 of 2018 dated 12.4.2018 under Sections
498A/307/376/406/34 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act

And

In the matter of : Dinesh Adhikary
…Petitioner.

Md. Bani Israil,
Ms. Kanchan Gupta …for the Petitioner.

Mr. S. S. Imam,
Mr. Sandip Kundu …for the State.

It is submitted on behalf of the petitioner that he is the

brother-in-law of the victim housewife and has been falsely

implicated in the instant case.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the fact that the allegation of physical assault is not

supported by medical evidence, we are of the opinion that

custodial interrogation of the petitioner is not necessary and he

may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioner shall be released on bail upon furnishing a bond of
2

Rs.10,000/-(Rupees Ten Thousand only) 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.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, is to be supplied expeditiously after complying with all

necessary legal formalities.

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

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