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Judgments of Supreme Court of India and High Courts

Recovery Of Some Of The … vs Unknown on 23 April, 2019

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23.04.2019
tkm/ct 28 C.R.M. 3960 of 2019
sl no. 22

In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 8.4.2019 in connection with
Beliaghata P.S case no. 299 of 2018 dated 28.12.2018 under
Sectionsections 498A/Section406/Section34 of the IPC
and
Allowed
In Re : Sri Nilay Panji Ors. …… petitioners

Mr. Tulsidas Ray
Mr. H. Ghosh
Mr. Tapan Ray
…… for the petitioner
Ms. Kakali Chatterjee
…… for the State
Mr. S. Majumder
…… for the de facto
complainant

Report is placed on record.

It is submitted on behalf of the de facto complainant

that golden ornaments have not been recovered as yet.

Learned lawyer for the State opposes the prayer for

anticipatory bail.

We have considered the materials on record. We find

that the petitioner co-operated with the investigating agency

in the matter of recovery of some of the ‘streedhan’ articles.

Under such circumstances and keeping in mind the

nature of allegations, we are of the opinion though custodial

interrogation of the petitioner may not be necessary,
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petitioner requires to co-operate with investigation in

accordance with law.

Accordingly, we direct that in the event of arrest, the

petitioners shall be released on bail upon furnishing a bond of

Rs. 10,000/- each 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 no. 1 shall meet the investigating officer once in a

week until further orders and shall appear before the court

below and pray for regular bail within a fortnight from date.

The application being CRM 3960 of 2019 is disposed of.

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

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