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Judgments of Supreme Court of India and High Courts

Rajendra Kuchlyan & Ors vs Unknown on 7 June, 2018

1

85 07.06.2018
rkd Ct. No.28 C.R.M. 3296 of 2018
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04/06/2018 in
connection with Bankura P.S. Case No. 111 of 2018 dated
10/05/2018 under
Sections 498A/376/323/307/506/34 of
the Indian Penal Code.

And

In the matter of: Rajendra Kuchlyan Ors.

….petitioners.

Mr. Malay Bhattacharyya
…for the petitioners.

Mr. R. Mukherjee,
Mr. S. Chatterjee
…for the State.

It is submitted on behalf of the petitioner that there was a

matrimonial discord between the petitioner no.1 and his wife,

that is the defacto complainant herein. Prior to the registration of

the instant case of petitioner no.1 a criminal case had been

lodged by the daughter implicating the defacto complainant and

one Mithu Das for subjecting her to sexual exploitation. In

retaliation, the instant case has been registered against the

petitioners.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail.

We have considered the materials on record including the

statement of the victim recorded under Section 164 Cr.P.C. We

also note the pre-existing enmity between the parties and the

registration of criminal case against the defacto complainant at

the behest of her own daughter. Allegation of rape upon the

defacto complainant relates to 2012 and August, 2017. There is

no explanation for the inordinate delay in lodging the first

information report. In view of the aforesaid facts, we are of the

opinion that custodial interrogation of the petitioners is not

necessary and petitioners may be granted anticipatory bail.

In the event of arrest, the petitioners shall be released on
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bail upon furnishing a Bond of Rs. 10,000/- each with two

sureties of like amount to the satisfaction of the Arresting Officer

and also subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further

condition that the petitioner nos.1 to 3 shall meet the

investigating officer once in a week until further orders.

The application for anticipatory bail is, thus, disposed of.

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

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