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Sujan Basu & Ors vs Unknown on 2 July, 2018



RP 82
CRM 4322 of 2018

In Re : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed in connection with Dhubulia PS Case No142/2018
dated 23.06.2018 under Section 498A/307/34 of Indian Penal Code.


In the matter of : Sujan Basu Ors.

…. Petitioners
Mr. Nitish Bapari, Adv.

….. For the Petitioners
Mr. Bidyut Kumar Roy , Adv.

Ms. Rita Datta, Adv.

….. for the State

It is submitted on behalf of the petitioners that they have been

falsely implicated in the instant case. It is further submitted that

there is an inordinate delay in lodging the FIR.

Learned Advocate appearing for the State produces the case

diary and opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind

the nature of allegations in the light of the aforesaid submissions made

on behalf of the petitioners and the fact that allegations are not

supported by medical evidence, we are of the opinion that custodial

interrogation of the petitioners is not necessary in the facts of the case

and they may be granted anticipatory bail.

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

shall be released on anticipatory bail upon furnishing 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

subject to the conditions laid down in sub-section (2) of Section 438 of

the Code of Criminal Procedure, 1973 and on further condition that

they shall appear before the Court below and pray for regular bail

within a fortnight from date.

The application for anticipatory bail is, accordingly, allowed.

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

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