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Judgments of Supreme Court of India and High Courts

Soumen Paul & Anr vs Unknown on 18 May, 2018

1

18.05.2018

.

165.
as
(Allowed).

C.R.M. 2999 of 2018

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 17.05.2018 in connection
with Chandannagore P. S. Case No.160 of 2017 dated 05.10.2017
under Sections 498A/406/313 of the Indian Penal Code read with
Sectyion 3 / 4 of the Dowry Prohibition Act.

In the matter of : Soumen Paul Anr.

… Petitioners.

Mr. Abdus Salam.

…for the Petitioners.

Mr. Nirupam Dhali.

…..for the State.

Heard the learned Counsel appearing on behalf of the

petitioners and the State.

It is submitted on behalf of the petitioners that they have

been falsely implicated in the instant case out of a matrimonial

dispute.

Learned Advocate appearing for the State produces the Case

Diary and opposes the prayer for bail.

We have considered the materials on record. We note that the

medical papers regarding miscarriage of the victim housewife

relates to an incident in 2015 and there is delay in lodging the first

information report qua the alleged incident.
2

In view of the aforesaid fact, we are inclined to grant

anticipatory bail to the petitioners, however, subject to stringent

condition.

Accordingly, we direct that in the event of arrest the

petitioners, namely, Soumen Paul and Manju Paul Roy shall be

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

two sureties of like amount each to the satisfaction of the arresting

officer and subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further

condition that the petitioners shall meet the I.O. once in a week

until further orders.

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

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

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