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Rajesh Kumar Pal vs Unknown on 3 April, 2019

1

37 03.04.2019

AB Court 28 C.R.M. 3585 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Bankura
Women P.S. Case No.10 of 2019 dated 22.2.2019 under
Sections 498A/323/34 of the Indian Penal Code read with
Sections 3 /4 of the D. P. Act

And

In the matter of : Rajesh Kumar Pal
…Petitioner.

Mr. Sabir Ahmed,
Mr. Partha Ghosh,
Ms. Sayani Chatterjee …for the Petitioner.

Ms. Sayanti Santra …for the State.

It is submitted on behalf of the petitioner that the

instant case is instituted in retaliation to a suit filed against the

defacto complainant for restitution of conjugal rights.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the nature of allegations in the light of the aforesaid

submission made on behalf of the petitioner, 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 bail upon furnishing a bond of
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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 appear before the court below and pray

for regular bail within a fortnight from date and shall meet the

Investigating Officer once a week until further orders.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

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

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