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Judgments of Supreme Court of India and High Courts

Of 2020 Dated 01.01.2020 Under … vs In Re: Sudhir Rajbanshi & Ors on 27 January, 2020



Sl. No.73
C. R. M. 975 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 24.01.2020 in connection with Gangarampur Police Station Case No.
01 of 2020 dated 01.01.2020 under Sections 498A/302/34 of the Indian Penal Code.

In Re: Sudhir Rajbanshi Ors.

… … Petitioners
Mr. Jayanta Narayan Chatterjee .. Advocate
Mr. Nazir Ahmed .. Advocate
… … for the petitioners

Mr. Aniket Mitra .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

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

housewife and they have been falsely implicated in the instant case. It is further submitted

that the principal accuseds are already in custody.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of

complicity of the petitioners in the alleged crime and as the principal accuseds are already

in custody, 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.

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

namely (1) Sudhir Rajbanshi, (2) Tulsi Rajbanshi (3) Mamta Ranbanshi, 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 four weeks from date.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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