SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Of 2018 Dated 10.09.2018 Under … vs In Re: Jogendra Gope & Anr on 22 February, 2019

1

22.02.19

Sl. No.60
akd
[ALLOWED]
C. R. M. 1971 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 15.02.2019 in connection with Tufanganj Police Station Case No. 353
of 2018 dated 10.09.2018 under Sections 498A/302/304B/34 of the Indian Penal Code.

And

In Re: Jogendra Gope Anr.

… … Petitioners
Mr. Soumya Majumder .. Advocate
Mr. Victor Chatterjee .. Advocate
… … for the petitioners

Mr. Rudradipta Nandy .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they are in the in-laws of the

victim-housewife and that they have been falsely implicated in the instant case. It is

further submitted that co-accused persons are on regular bail.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the petitioner no.1 had misbehaved with the victim-housewife.

We have considered the materials on record. We find that the allegation of

misbehaviour by the petitioner no.1 is significantly absent in the FIR lodged by the father

of the victim. Other allegations against the petitioners are general and omnibus. In view of

the aforesaid facts and the extent of complicity of the petitioners in the alleged crime, we

are of the opinion that custodial interrogation of the accused/petitioners may not be

necessary in the facts of the present case and they may be granted anticipatory bail.
2

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Jogendra Gope (2) Smriti Gope be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 they shall appear before the court below and pray for regular bail within a

fortnight from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation