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147 20.02.2019
AB Court 28 C.R.M. 2109 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Goghat P.S.
Case No.29 of 2019 dated 27.1.2019 under Sections 498A/406
of the Indian Penal Code
And
In the matter of : Mahesh Bandyopadhyay
…Petitioner.
Mr. Atis Kr. Biswas,
Mr. Suman Chakraborty,
Mr. Amit Singh …for the Petitioner.
Mr. Anirban Banerjee …for the State.
Mr. P. Bhattacharya,
Mr. Asit Baran Ghosh,
Mr. Kaushik Biswas
Mr. Somesh Kr. Ghosh,
Mr. Dilip Sadhu …for the Defacto complainant.
It is submitted on behalf of the petitioner that he has
been falsely implicated in the instant case due to matrimonial
dispute.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Learned lawyer appearing for the defacto complainant
submits that not only the defacto complainant but the special
child born to the couple had also been ill-treated.
Having considered the materials on record and bearing
in mind the nature of allegations, we are of the opinion though
custodial interrogation of the petitioner may not be necessary,
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he requires to cooperate with the investigation in accordance
with law.
Accordingly, we direct that in the event of arrest the
petitioner shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) 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 he shall meet the Investigating Officer once a
week until further orders.
The application for anticipatory bail is, accordingly,
allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
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