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Mahesh Bandyopadhyay vs Unknown on 20 February, 2019

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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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