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Judgments of Supreme Court of India and High Courts

Sanjay Mistri vs Unknown on 3 May, 2018

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03.05.2018

Ct.28
RP 75
CRM 1602 of 2018

In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed in connection with Tehatta P.S. Case No.56 of
2018 dated 02.02.2018 under Sections 498A/323/325/307/120B/34 of
the Indian Penal Code.

And
In the matter of : Sanjay Mistri
…. Petitioner

Mr. Anghsuman Chakraborti, Adv.

….. For the Petitioners

Mr. S.S. Imam, Adv.

Mr. Rajib Jana, Adv.

….. for the State

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

matrimonial dispute and the petitioner is being falsely implicated in

a series of criminal cases over such issue.

Learned Advocate for the State produces the case diary and

opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and keeping

in mind the nature of allegations in the light of the aforesaid

submissions made on behalf of the petitioner, we are of the opinion

that custodial interrogation of the petitioner may not be necessary
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for the progress of investigation and he may be granted anticipatory

bail.

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

petitioner he shall be released on bail upon furnishing bond of

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

amount, to the satisfaction of the arresting officer and also subject

to the conditions laid down in sub-section (2) of Section 438 of the

Code of Criminal Procedure, 1973 and on further condition that he

shall not enter the jurisdiction of Tehatta Police Station until further

orders without express permission of the Court below except for

attending the police station and he shall provide address where he

will presently reside to the investigating officer as well as the Court

below and he shall report to the Officer-in-Charge, Tehatta Police

Station once in week until further orders..

The application for anticipatory bail is, thus, allowed.

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