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Judgments of Supreme Court of India and High Courts

Kanai Singh & Ors vs Unknown on 3 May, 2018

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03.05.2018

Ct.28
RP 73
CRM 1599 of 2018

In Re : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed in connection with Arambagh P.S. Case No.86 of
2018 dated 10.02.2018 under Sections 498A/306 of the Indian Penal
Code.

And
In the matter of : Kanai Singh Ors.

…. Petitioners

Mr. Suddhadev Adak, Adv.

….. For the Petitioners

Mr. Arijit Ganguly, Adv.

Mr. Sanjib Kumar Dan, Adv.

….. for the State

It is submitted on behalf of the petitioners that they are the in-

laws of the victim housewife and did not play any role in the

matrimonial life of the couple as they resided in separate mess. It is

further submitted that the incident occurred 9 years after the

marriage.

Learned Advocate for the State produces the case diary and

opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and keeping

in mind the general and omnibus nature of allegations in the light of

the submissions on behalf of the petitioners and the fact that incident
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occurred 9 years after the marriage, we are of the opinion that

custodial interrogation of the petitioners may not be necessary for the

progress of investigation and they may be granted anticipatory bail.

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 further condition that they shall

meet the investigating officer once in a month until further orders.

The application for anticipatory bail is, accordingly, allowed.

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