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Judgments of Supreme Court of India and High Courts

Palash Sarkar vs Unknown on 10 May, 2018

1

332. 10.05.2018
C.R.M. 2440 of 2018
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 08.05.2018 in connection
with Chakdaha P.S. Case No. 496 of 2016 dated 26.08.2016 under
Sections 498A/313/323/34 of the Indian Penal Code.

And

In the matter of: Palash Sarkar
…Petitioner
Mr. Prabir Majumder
Mr. Snehansu Majumder
… for the petitioner
Mr. Santanu Deb Ray
… for the State

allowed It is submitted on behalf of the petitioner that there is

inordinate delay in lodging the first information report and it is

further submitted that the allegations are out and out false and he

has been falsely implicated out of matrimonial dispute.

Learned counsel for the State opposes the prayer for bail.

Having considered the materials in the case diary and

bearing in mind the nature of allegations and the fact that there is

delay in lodging the first information report, we are of the opinion

that custodial interrogation of the petitioner may not be necessary

and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the

petitioner shall be released on anticipatory bail upon furnishing

bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties

of like amount, to the satisfaction of the arresting officer on

condition that petitioner shall meet the investigating officer once

in a week until further orders and also subject to the conditions

as laid down under Section 438(2) of the Code of Criminal

Procedure, 1973.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied for,
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be supplied expeditiously after complying with all necessary legal

formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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