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Ratan Kumar Das & Ors vs Unknown on 4 July, 2019

1

04.07.2019

.

79.
as
(Partly
Allowed)
C.R.M. 5624 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 28.06.2019 in connection
with Kandi P. S. Case No.242 of 2019 dated 25.06.2019 under
Sections 498A/Section323/Section325/Section307/Section34 of the Indian Penal Code.

In the matter of : Ratan Kumar Das Ors.

…. Petitioners.

Mr. Pratip Kr. Chatterjee,
Mr. Soumya Majumder.

…for the Petitioners.

Mr. Arijit Ganguly,
Mr. Avik Ghatak.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

Having considered the materials on record disclosing prima

facie involvement of the petitioner no.1 in assaulting his wife which

is supported by medical evidence, we are not inclined to grant bail to

the petitioner no.1.

Accordingly, the prayer for bail of the petitioner no.1 is rejected.

However, keeping in mind the extent of complicity of the

petitioner Nos.2, 3 and 4 herein in the alleged crime, we are inclined

to grant anticipatory bail to the petitioner Nos.2 to 4.
2

Accordingly, the petitioner Nos.2 to 4, namely, Babi Das,

Subhajit Das and Satyajit Das shall be released on bail upon

furnishing a bond of Rs.10,000/- each with two sureties of like

amount each, one of whom must be local, subject to the satisfaction

of the arresting officer and 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.2 to 4 shall appear before

the trial court and pray for regular bail within a fortnight from date.

In the event the petitioners fail to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel his bail in accordance with law without further reference to

this Court.

The application, being C.R.M.5624 of 2019, is disposed of.

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

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