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Judgments of Supreme Court of India and High Courts

Ketan Mukhija vs Unknown on 13 February, 2019

1

154 13.02.2019

rkd Ct. No.28
(Allowed)
C.R.M. 1729 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 08/02/2019 in
connection with Bhawnipore P.S. Case No. 520 of 2018 dated
11/12/2018 under Sections 498A/406/342 of the Indian Penal
Code.

And

In the matter of: Ketan Mukhija
….petitioner.

Mr. M. Murshed
…for the petitioner.

Mr. Rajdeep Mazumder,
Mr. D. Haque,
Mr. M. Mukherjee
…for the defacto complainant.
Mr. N. P. Agarwala,
Mr. D. Dasgupta
…for the State.

It is submitted on behalf of the petitioner that the

allegations are general and omnibus in nature and co-accuseds

have been granted anticipatory bail. It is further submitted that

he is ready and willing to cooperate with the investigation.

Learned counsel appearing on behalf of the defacto

complainant opposes the prayer for anticipatory bail and submits

that steps are necessary for recovery of stridhan articles.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations, we are of the opinion

that though custodial interrogation of the petitioner may not be

necessary, petitioner requires to cooperate with the investigation

including recovery of stridhan articles.

In the event of arrest, the petitioner shall be released on

bail upon furnishing a Bond of Rs. 10,000/- 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
2

438(2) of the Code of Criminal Procedure, 1973 and on further

condition that he shall meet the investigating officer once in a

week until further orders.

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

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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