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01.05.2018
Ct.28
RP 126
CRM 1451 of 2018
In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed in connection with Haldia P.S. Case
No.124 of 2017 dated 10.12.2017 under Sections
498A/323/406/376D/34 of the Indian Penal Code read with Section 3/
4 of the Dowry Prohibition Act (Corresponding to GR Case No.1794 of
2017).
And
In the matter of : Gopal Paramanik Anr.
…. Petitioners
Mr. Himangshu De, Sr. Adv.
Mr. Amarendu Chakraborty, Adv.
….. For the Petitioners
Mr. Suman De, Adv.
….. For the De Facto Complainant
Ms. Kumkum Mitra, Adv.
….. for the State
Liberty to amend the cause title.
It is submitted on behalf of the petitioners that they are the
friends of the husband of the de facto complainant and have been
falsely implicated in the instant case.
Learned lawyer for the de facto complainant submits that
the petitioners subjected the victim to inhuman torture including
sexual harassment.
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Learned Advocate for the State produces the case diary and
opposes the prayer for anticipatory bail.
We have considered the materials on record. We have
perused the averments made in the application under Section
156(3) CrPC which was treated as first information report as well
as the statement of the victim recorded under Section 164 CrPC.
There is no whisper as to the specific roles of the petitioners in
torturing the victim on 13.09.2017 in the first information report
lodged by her while specific allegations of sexual assault have
been made against them in her statement under Section 164
CrPC. Allegations with regard to cohabitation of the victim with
the petitioner in the first information report are woefully vague
and non-specific. In view of the aforesaid facts, we are of the
opinion that custodial interrogation of the petitioners may not be
necessary but they require to cooperate with the investigation in
accordance with law.
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing bond of
Rs.10,000/-( Rupees Ten Thousand only) each with two sureties
of like amount each, 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 of Criminal Procedure, 1973 and on
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further condition that they shall meet the investigation officer
once in a week until further orders.
The application for anticipatory bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
