CRM 201 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 05.01.2018 in connection with New
Jalpaiguri P.S. Case No.937 of 2017 dated 16.11.2017 under Sections
498A/323 IPC corresponding to GR Case No.4939 of 2017.
In the matter of : Jogindar Paswan Ors.
Mr. Debasish Mukhopadhyay, Adv.
Mr. Anirban Banerjee, Adv.
Ms. Jeenia Rudra, Adv.
….. For the Petitioners
Mr. Saryati Dutta, Adv.
….. for the State
It is submitted on behalf of the petitioners that there are
cases and counter cases by and between the parties and they have
been falsely implicated in the instant case.
Learned lawyer for the State produces the case diary and
opposes the prayer for bail.
Having considered the materials in the case diary we find
that there was a free fight between the family members in the
matrimonial home of the victim and both parties suffered injuries.
In view of the aforesaid fact, we are of the opinion that custodial
interrogation of the petitioners may not be necessary in the facts of
the case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioners they 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
further condition that petitioners no.1,3 and 5 shall meet the
investigating officer once in a week until further orders. .
The application for anticipatory bail is, thus, allowed.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)