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Neelam Agarwal vs Unknown on 30 June, 2017



C.R.M. 3883 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of : Neelam Agarwal
… petitioner
Mr. Kushal Paul
Mr. Saptarshi Dutt
…..For the petitioner

Mr. Saswata Gopal Mukherjee, Ld. P.P.

Ms. Ayantika Roy
……For the State

Mr. Sabyasachi Banerjee
Mr. Ayan Bhattacharya
Mr. N. A. Chakraborty
……For the de-facto complainant

Apprehending arrest in course of investigation of Baguiati Police

Station F.I.R. No. 1361 of 2016 dated 17th November, 2016 under

Sections 498A/406 of the Indian Penal Code, the petitioner (sister-in-

law of the de-facto complainant) has applied for anticipatory bail.

We have heard Mr. Paul, learned advocate for the petitioner, Mr.

Mukherjee, learned Public Prosecutor and Mr. Banerjee, learned

advocate for the de-facto complainant. We have also perused the

materials in the case diary as well as the orders passed by the writ

court on a writ petition presented by the de-facto complainant

alleging brazen police inaction.

Having regard to the fact that there has been seizure of several

streedhan articles and that no monetary transaction has been

effected by way of alleged forgery of the signature of the de-facto

complainant by the petitioner, we are of the considered view that

custodial interrogation of the petitioner is not necessary and that he

is entitled to a direction as prayed for in this application.

The application stands allowed with the direction that in the

event of the petitioner’s arrest, she shall be released on bail upon

furnishing bond of Rs.10,000/-, with two sureties of like amount

each, to the satisfaction of the arresting officer and subject to the

conditions as laid down in sub-section (2) of Section 438 of the Code

of Criminal Procedure. That apart, she shall not leave the country

without obtaining the leave of the Court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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