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Judgments of Supreme Court of India and High Courts

Siddhartha Biswas vs Unknown on 2 May, 2017


Item No.70
(partly allowed)
SB C.R.M. 3310 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.04.2017
In the matter of :


Siddhartha Biswas,

2. Manju Rani Biswas,

3. Tanushree @ Tula Biswas,

4. Shyamal @ Khokan Biswas

Mr. Santanu Maji …for the petitioners.

Mr. S. S. Imam,
Mr. S. Kundu …for the State.

Apprehending arrest in course of investigation of Chapra P.S.

FIR No. 58/2017 dated 20.02.2017 under Sections 498A/307/34

of the Indian Penal Code, the petitioners have presented this

application for a direction that in the event of such arrest, they

may be released on bail.

Having heard learned advocates for the parties and on

perusal of the materials in the case diary, we are of the considered

view that complicity of the petitioner no.1 cannot be ruled out and

that he is not entitled to any relief. The application for

anticipatory bail at his instance is, thus, rejected.

Since there is no material in the case diary against the

petitioners 2, 3 and 4 to suggest their involvement in the alleged

offences, we are also of the considered view that curtailment of

their personal liberty for facing custodial interrogation may not be

necessary, at this stage. It is, accordingly, directed that in the

event of arrest, the petitioners 2, 3 and 4 shall be released on bail

upon furnishing bond of Rs.5,000/- (Rupees Five Thousand), each,

with two sureties of like amount each one of whom must be local,

to the satisfaction of the arresting officer and subject to the

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

Code of Criminal Procedure.

C.R.M. 3310 of 2017 thus stands disposed of.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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