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26.7.2018
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ALLOWED
md.
CRM No. 5236 of 2018
In Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 18.12.2017 in connection with
Joypur Police Station case No. 188 of 2017 dated 06.09.2017 registered
for investigation into the offences punishable under sections
498A/304B/34 of the Indian Penal Code. Corresponding to G.R. Case
No.2386 of 2017. ;
And
In Re:-
Mintu Mukherjee @ Dhiraj Mukherjee
… Petitioner
Mr. Soumya Basu Roy Chowdhury, Advocate
.. for the petitioner
Mr. Rana Mukherjee, Ld. A.P.P.
Ms. Sukanyta Bhattacharyya, Advocate
.. for the State
The petitioner seeks anticipatory bail in connection with Joypur
Police Station case No. 188 of 2017 dated 06.09.2017 registered for
investigation into the offences punishable under sections
498A/304B/34 of the Indian Penal Code. Corresponding to G.R.
Case No.2386 of 2017.
The petitioner is a relative of the husband of the deceased.
The State opposes the prayer. According to the State, the death
was due to poisoning and the Forensic Report has been received.
The charge-sheet also appears to have been filed.
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Since the investigation is complete, there may not be any
immediate need to arrest the petitioner.
Accordingly, in the event of arrest, the petitioner will be granted
bail upon furnishing security of Rs.10,000/- (Rupees ten thousand
only), with two sureties of Rs.5,000/- (Rupees five thousand only)
each, one of whom must be local, to the satisfaction of the Arresting
Officer, subject to the conditions as laid down in Section 438 (2) of
the Code of Criminal Procedure, 1973. In addition, the petitioner
will also attend the trial on a regular basis on the date fixed. In
default of the petitioner attending the trial, the trial court will be at
liberty to cancel the petitioner’s bail without reference to this Court.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioners subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )
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