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Judgments of Supreme Court of India and High Courts

Sections 498A/406/313/307/34 Of … vs In Re: Krishan Gopal Khaitan & Anr on 24 December, 2019

1

24.12.2019

Sl No.25
AP
CRM 12202 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 19.12.2019 in connection with Shibpur Police
Station Case bearing FIR No.343/2019 dated 24th September, 2019 under
Sections 498A/Section406/Section313/Section307/Section34 of the Indian Penal Code.

And

In Re: Krishan Gopal Khaitan Anr.

… … Petitioners.

Mrs. Manju Agarwala,
Ms. A. Manot,
Mr. B. Manot
… for the petitioners.

Mr. Imran Ali,
Mr. M.F.A. Begg
… … for the State.

Mr. Sourav Chatterjee,
Mr. S. Dasgupta
… … for the de facto complainant.

It is submitted on behalf of the petitioners that they are in-laws of the

victim housewife and the husband of the victim is on regular bail.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Learned lawyer for the de facto complainant also opposes the prayer for

anticipatory bail and submits that all the stridhan articles have not been

recovered as yet.

We have considered the materials on record. Some of the stridhan articles

have been recovered in the course of the investigation. Principal accused i.e.

husband of the victim is on regular bail. In view of the aforesaid facts and

bearing in mind the extent of complicity of the petitioners in the alleged crime,
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we are of the opinion though custodial interrogation of the petitioners are not

necessary, the petitioners may be granted anticipatory bail.

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

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand

Only) each, with two 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 condition that the

petitioners shall appear before the court below and pray for regular bail within a

period of four weeks from date.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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