C.R.M. 6983 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.
In the matter of : Sri Rajesh Dudhoria
Mr. Sabyasachi Mukherjee
…..For the petitioner
Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Debajyoti Deb
……For the State
Apprehending arrest in course of investigation of
Baguiati Police Station F.I.R. No. 906 of 2015 dated 27th
September, 2015 under Sections 468/471/420/120B and
498A of the Indian Penal Code, the petitioner (husband of the
victim) has applied for anticipatory bail.
We have heard learned advocates for the parties and
perused the materials in the case diary.
The allegation against the petitioner is that he had
produced certain receipts before the learned Judicial
Magistrate, 3rd Court, Barrackpore, 24-Parganas (North) in
course of hearing of M. Execution Case No. 28 of 2014 which
Learned advocate appearing for the petitioner has relied
on the order dated 19th June, 2014 passed by the said
magistrate dropping the said case to submit that the
magistrate himself was of the opinion that there was no
reason to suspect any foul-play on the part of the petitioner.
We are not informed that the said order has been set
In view of such finding in the said order, we are of the
considered opinion that custodial interrogation of the
petitioner is not necessary for taking the investigation to its
logical conclusion; hence, she is entitled to direction, as
prayed for in this application.
The application, thus, stands allowed with the direction
that in the event of arrest, the petitioner shall be released on
bail upon furnishing bond of Rs.5,000/-, with two sureties of
like amount, one of whom must be local, to the satisfaction of
the arresting officer and also subject to the conditions as laid
down in sub-section (2) of Section 438 of the Code of Criminal
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)