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No.2386 Of 2017. ; vs In Re on 26 July, 2018

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26.7.2018
24

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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