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Penal Code Read With Sections 3/4 … vs In Re: Swarup Bhowmick on 22 November, 2019



Sl. No.91
C. R. M. 10897 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 21.11.2019 in connection with Kharagpur Local Police Station Case
No. 758 of 2019 dated 04.11.2019 under Sections 498A/Section323/Section307/Section506/Section34 of the Indian
Penal Code read with Sections 3/Section4 of the Dowry Prohibition Act.

In Re: Swarup Bhowmick
… … Petitioner
Mr. Suman Das Adhikary .. Advocate
… … for the petitioner

Ms. Sreeparna Das .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that he has been falsely implicated in

the instant case out of a matrimonial dispute.

Learned advocate appearing for the State opposes the prayer for anticipatory

bail and submits that investigation has just commenced.

Having considered the materials on record and bearing in mind the general and

omnibus nature of allegations and as the allegation of physical assault is not supported by

medical evidence, we are of the opinion that custodial interrogation of the

accused/petitioner may not be necessary in the facts of the present case and he may be

granted anticipatory bail however, subject to strict conditions.

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

Swarup Bhowmick, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees

Ten thousand only), 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 he shall meet the

Investigating Office once in a week until further orders and 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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