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Judgments of Supreme Court of India and High Courts

Of The Dp Act vs Allowed on 21 November, 2019


tkm/ct 28 C.R.M. 10814 of 2019
sl no. 79

In Re : An application for anticipatory bail under Sectionsection 438 of the Code
of Criminal Procedure filed on 20.11.2019 in connection with Debra P.S
Case no. 595 of 2019 dated 3.11.2019 under Sectionsections
498A/Section323/Section325/Section307/Section354/Section406/Section506/Section34 of the IPC read with sections 3/4
of the DP Act
In Re : Sk. Khusnur Ali Ors. …… petitioners

Mr. P. Ghosh
Mr. S. Sarkar
…… for the petitioners
Mr. S. Kundu
…… for the State

It is submitted on behalf of the petitioners that they are the

husband and in-laws of the victim and they have been falsely

implicated in the instant case.

Learned lawyer for the State opposes the prayer for

anticipatory bail.

Having considered materials in the case diary and bearing in

mind the nature of allegations and as the allegation of physical

assault is not supported by medical evidence, we are inclined to

grant anticipatory bail to the petitioners.

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 Sectionsection 438(2) of the Code of

Criminal Procedure, 1973 and on further condition that the

petitioner no. 1 being the husband shall meet the investigating

officer once in a week while on bail until further orders and that

the petitioners shall appear before the court below and pray for

regular bail within four weeks from date.

The application being CRM 10814 of 2019 is disposed of.

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

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