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Judgments of Supreme Court of India and High Courts

Tapas Bhattacharjee vs Unknown on 4 September, 2019

1

04.09.2019

.

101.
as
(Allowed).

C.R.M. 7961 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 26.08.2019 in connection
with Titagarh P. S. Case No.411 dated 20.07.2019 under Sections
498A/Section406/Section313/Section120B of the Indian Penal Code and Sections 3 / Section4
of the Dowry Prohibition Act.

In the matter of : Tapas Bhattacharjee.

… Petitioner.

Ms. Ratna Ghosh.

…for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P.,
Mr. Dipankar Paramanick.

…..for the State.

Mr. Sankha Subhra Ray.

…for the de-facto complainant.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that he is the

father-in-law of the victim housewife and the principal accused i.e.

the husband is in custody.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

Learned Advocate appearing for the de-facto complainant

also opposes the prayer for bail and submits that the petitioner

had absconded for a period of time.

2

Having considered the materials on record and bearing in

mind the general and omnibus nature of allegations against the

petitioner and as the principal accused is in custody, we are of the

opinion that custodial interrogation is not necessary for progress

of investigation and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioner viz., Tapas Bhattacharjee shall be released on bail upon

furnishing a bond of Rs.10,000/- 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 condition that the petitioner

shall appear before the trial court and pray for regular bail within

four weeks from date and on further condition that the petitioner

shall meet the investigating officer once in a week until further

orders.

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

(Jay Sengupta,J.) (Joymalya Bagchi, J.)

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