63 11.04.2019 C.R.M. 4053 of 2019
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 08.04.2019 in connection with
Jalangi P.S. Case No. 859 of 2018 dated 25.12.2018 under Sections 3
and 4 of the D.P. Act. Sections 498A/307 IPC.
In the matter of: Samar Mandal
Mr. Priyankar Ganguly
Mr. Pradip Kr. Kundu
Mr. Partha Sarathi Mondal
Mr. Tapodip Gupta
… for the petitioner
Mr. Imran Ali
Mr. M.F.A. Begg
… for the State
Allowed It is submitted on behalf of the petitioner that he has been falsely
implicated in the instant case.
Learned counsel for the State opposes the prayer for anticipatory
We have considered the materials on record and bearing in mind
the general and omnibus nature of allegations and the fact that the
allegation of assault is not supported by medical evidence, we are inclined to
grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest, the petitioner
shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten
Thousand only) with two sureties of like amount each, to the satisfaction of
the arresting officer also be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and 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.)