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Of The Dowry Prohibition Act vs In Re: Anukul Bagri & Anr on 19 July, 2019

1

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
2

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.)

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