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279 08.02.2019
AB Court 28
C.R.M. 1705 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Berhampore
P.S. Case No.1227 of 2018 dated 12.10.2018 under Sections
498A/323/307/379/34 of the Indian Penal Code
And
In the matter of : Samrat Halder
…Petitioner.
Mr. Kingsuk Mondal …for the Petitioner.
Mr. Imran Ali,
Mr. MFA Begg …for the State.
It is submitted on behalf of the petitioner that he 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 general and omnibus nature of allegations and the
fact that the allegation of physical assault is not supported by
medical evidence, we are of the opinion that custodial
interrogation of the petitioner may not be necessary.
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
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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 meet the Investigating Officer once a
week until further orders.
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.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)