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19.07.2019
69
sdas
allowed
C.R.M. No. 4194 of 2019
In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure
filed on 11.04.2019 in connection with Bidhannagar Women Police Station Case No. 35 of 2018
dated 05.09.2018 under Sections 498A/Section406/Section307 of the Indian Penal Code read with Sections 3/Section4
of the Dowry Prohibition Act.
And
In Re: Anukul Bagri Anr. ….. petitioners
Mr. Ayan Bhattacharyya,
Mr. Apalak Basu,
Mr. Sayak Chakraborti
…for the petitioners
Mr. Goutam Wilson
…. for the State
Mr. Anjan Datta,
Mr. Pawan Kumar Gupta,
Mr. Biswajit Mal,
Mr. Santanu Sett
…. for the defacto complainant
It is submitted by the learned Counsel appearing for the
petitioners that they have offered themselves from interrogation and co-
operation with the investigation of the case.
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail and submits that the principal accused i.e. the
husband of the victim is still absconding.
Learned Counsel appearing for the defacto complainant submits
that petitioners did not co-operate with the investigation.
We have considered the materials on record and we find that the
petitioners had responded to notice under Section 41A of the Code of
Criminal Procedure. They are the in-laws of the victim housewife and
used to reside in a different city. Keeping in mind the extent of
complicity of the petitioners in the alleged crime, we are of the opinion
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that custodial interrogation of the petitioners is not necessary and they
may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioners
shall be released on bail upon furnishing a bond of Rs.10,000/- 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 period of four weeks from date.
This application for anticipatory bail is, thus, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
