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Sandip Sen & Ors vs Unknown on 11 March, 2019

1

136 11.03.2019
rkd Ct. No.28 C.R.M. 2757 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/03/2019 in
connection with Singur P.S. Case No. 50 of 2019 dated
10/02/2019 under 498A/323/307/406 of the Indian Penal
Code.

And

In the matter of: Sandip Sen Ors.

….petitioners.

Mr. Sekhar Kumar Bose
…for the petitioners.

Mr. A. Jana,
Mr. S. Chatterjee
…for the defacto complainant.

Mr. A. Ganguly,
Mr. S. K. Dan
…for the State.

It is submitted on behalf of the petitioners that the victim housewife

had left the matrimonial home in August, 2018 and the instant case was

belatedly registered in February, 2019. It is further submitted that the

petitioners have been falsely implicated in the instant case.

Learned counsel appearing on behalf of the State opposes the prayer

for anticipatory bail.

Learned counsel appearing on behalf of the defacto complainant

opposes the prayer for anticipatory bail and submits that the victim had been

subjected to physical assault on earlier occasions and had to be medically

treated.

We have considered the materials on record. Although on medical

reports relating to the injuries on the victim housewife on earlier occasions

have been placed on record, no contemporaneous document/F.I.R. was

registered by the defacto complainant with regard to such incident. There is

considerable delay in lodging the F.I.R. and the allegation of attempting to set

her on fire is not supported by medical papers. In the aforesaid facts and

circumstances of the case, particularly the delay in lodging F.I.R., we are of

the opinion that though custodial interrogation of the petitioners may not be

necessary, but the movement of petitioner no.1 requires to be restricted in

order to prevent recurrence of similar offences and instill confidence in the

mind of the defacto complainant.

In the event of arrest, the petitioners shall be released on

bail upon furnishing a Bond of Rs. 10,000/- each with two
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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 petitioner no.1 shall remail with the

jurisdiction of Arambagh P.S. while on bail until further orders

except for attending court proceeding and/or investigation and

petitioner no.1 shall meet the Officer-in-charge of Arambagh

Police Station once in a week until further orders.

The application for anticipatory bail is, thus, disposed of.

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

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