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Sections 498A/304B Of The Indian … vs In Re: Ashish Dey & Anr on 6 February, 2019




C.R.M. No. 1083 of 2019

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 17.01.2019
in connection with Hirapur Police Station Case No. 239 of 2018 dated 20.09.2018 under
Sections 498A/304B of the Indian Penal Code.

In Re: Ashish Dey Anr. ….. petitioners

Mr. Debapriya Samanta
…for the petitioners

Mr. Arijit Ganguly,
Mr. Avik Ghatak
…. for the State

It is submitted by the learned Counsel appearing for the

petitioners that the co-accused persons have been granted

anticipatory bail.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

Having considered the materials on record and bearing in mind

the extent of complicity of the petitioners in the alleged crime and that

co-accused person viz. Kali Dey @ Kalidasi Dey has been granted

anticipatory bail, we are inclined to extend same privilege to the

petitioners also.

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

shall be released on bail upon furnishing a bond of Rs.10,000/- each,

with two sureties of Rs.5,000/- each, one of whom must be local, to

the satisfaction of the arresting officer, subject to the conditions laid

down under Section 438(2) of the Code of Criminal Procedure, 1973.

In addition, the petitioners will also report to the Investigating Officer

at such time and place as may be specified by the concerned police

officer till the investigation is completed.

This application for anticipatory bail is, thus, allowed.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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