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24.02.2020
37
Saswata
(Allowed).
C.R.M. 1961 of 2020
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.02.2020 in connection
with Baishnabnagar P. S. Case No. 291 of 2019 dated 17.06.2019
under Sections 498A/325/506/376/511/354/341 of the IPC read
with Sections 3/4 of the Dowry Prohibition Act.
In the matter of : Ramen Mondal
… Petitioner.
Ms. Ishita Biswas
…for the Petitioner.
Mr. Madhu Sudan Sur, Ld. APP
Mr. Manoranjan Mahata
…..for the State.
It is submitted on behalf of the petitioner that he is the
brother-in-law of the victim/housewife and has been falsely
implicate in the instant case. The allegation against the petitioner
of attempting to rape the victim is bereft of material particulars
with regard to date and time.
Learned lawyer for the State opposes the prayer for
anticipatory bail.
Having considered the materials on record and keeping in
mind the extent of complicity of the petitioner in the alleged crime
in light of the submission as to the vagueness in the accusation of
the victim/housewife, we are inclined to grant anticipatory bail to
the petitioner.
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Accordingly, we direct that in the event of arrest, the petitioner
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 the
petitioner shall meet the investigating officer once in a week until
further orders. Petitioner shall appear before the investigating
officer and hand over his passport, if any, within a period of two
weeks from date. In the event the petitioner does not have
passport, he shall personally appear before the investigating officer
and furnish affidavit to that effect within the time frame
mentioned herein above.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J)
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