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Jogindar Paswan & Ors vs Unknown on 16 January, 2018



RP 137
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.

…. Petitioner

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.)

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