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.
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.)