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Penal Code vs Allowed on 19 July, 2019


tkm/ct 28 C.R.M. 6334 of 2019
sl no. 80

In Re : An application for anticipatory bail under Sectionsection 438 of the Code of
Criminal Procedure filed on 18.7.2019 in connection with Nowda P.S case no.
143 of 2019 dated 22.6.2019 under Sectionsections 498A/Section325/Section34 of the Indian
Penal Code
In Re : Milan Mondal …… petitioner

Mr. Arnab Chatterjee
Mr. Amanul Islam
…… for the petitioner
Ms. Sonali Das
…… for the State

It is submitted on behalf of the petitioner that there is delay
in lodging FIR.

Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the victim was assaulted by the
petitioner and other in-laws.

We have considered the materials on record and we find that
the petitioner had left the matrimonial home in February 2019.
There is considerable delay in lodging FIR.

Under such circumstance, we are of the opinion though
custodial interrogation of the petitioner may not be necessary,
petitioner requires to co-operate with investigation in accordance
with law.

Accordingly, we direct that in the event of arrest, the
petitioner shall be released on bail upon furnishing a bond of Rs.
10,000/- with two sureties of like amount each, to the satisfaction
of the Arresting Officer and also 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 shall meet the
investigating officer once in a week while on bail until further

orders and that the petitioner shall appear before the court below
and pray for regular bail within four weeks from date.

The application being CRM 6334 of 2019 is disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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