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Indian Penal Code vs In Re:- Ujjal Kumar Majumder And … on 21 November, 2019

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1.

11.2019
51
SKB
Allowed)
CRM No. 10237 of 2019

In Re:- An application for Anticipatory Bail under Sectionsection 438 of the Code
of Criminal Procedure filed on 4th November, 2019 in connection with Dankuni
Police Station Case No. 227 dated 08.09.2019 under Sections 498A/Section406 of the
Indian Penal Code.

And

In Re:- Ujjal Kumar Majumder and another
… Petitioners

Mr. Supriyo Das
… for the petitioners

Md. Kutubuddin
…for the State

Mr. Subhajit Chowdhury
… for the defacto complainant.

Heard the learned advocate appearing for the parties.

It is submitted on behalf of the petitioners that most of the Stridhan

articles have been returned.

Learned advocate for the defacto complainant opposes the prayer for

anticipatory bail and submits that gold articles have not been returned.

Report is placed on record wherefrom it appears that Stridhan articles have

been recovered.

In view of the aforesaid fact and bearing in mind the nature of allegations,

we are of the opinion that custodial interrogation of the petitioner may not be

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necessary in the facts of the present case and he may be granted anticipatory

bail.

Accordingly, we direct that in the event of arrest, the petitioners be released

on bail upon furnishing a 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 be subject to the conditions as laid down under Section 438(2)

of the Code of Criminal Procedure, 1973 and on further condition that they

shall appear before the court below and pray for regular bail within four weeks

from date.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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