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121 07.03.2019
AB Court 28

C.R.M. 2642 of 2019

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Monteswar
P.S. Case No.304 of 2018 dated 3.12.2018 under Sections 498A
302/34 of the Indian Penal Code

And

In the matter of : Sahadeb Ghosh

…Petitioner.

Mr. Sourav Chatterjee,
Ms. Arpita Basu …for the Petitioner.

Mr. S.G.Mukherjee, Ld.PP,
Mr. Aniket Mitra …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

implicated in the instant case.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the statement of the daughter of the victim girl recorded

under Section 164 Cr.P.C. relating to the extent of complicity of

the petitioner in the alleged crime, we are of the opinion that

custodial interrogation of the petitioner is not necessary and he

may be granted anticipatory bail.

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

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.)