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Sachin Mitra vs Unknown on 19 June, 2018

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115 19.06.2018
AB Court 28

C.R.M. 3895 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Baranagar
P.S. Case No.277 of 2018 dated 5.5.2018 under
Sections
498A/
304B/306/34 of the Indian Penal Code read with
Sections 3 and 4 of the Dowry Prohibition Act

And

In the matter of : Sachin Mitra
…Petitioner.

Mr. Ayan Bhattacharya,
Mr. Dhiraj Kr. Gupta,
Mr. Jogendra Pandey,
Mr. Ranjit Singh …for the Petitioner.

Mr. Sudip Ghosh,
Mr. Bitoshok Banerjee …for the State.

It is submitted on behalf of the petitioner that he is a

distant relation of a co-accused and does not reside in the

matrimonial home of the victim. It is further submitted that co-

accused, namely, Rabi Mitra @ Bablu has been granted pre-

arrest bail by this court.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the extent of complicity of the petitioner in the alleged

crime and the fact that petitioner did not reside in the
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matrimonial home of the victim housewife, 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

Rs.10,000/-(Rupees Ten Thousand only) with two sureties of

like amount each 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.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, is to be supplied expeditiously after complying with all

necessary legal formalities.

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

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