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The Indian Penal Code And Sections … vs Allowed on 7 February, 2019


tkm/ct 28 C.R.M. 1207 of 2019
sl no. 109

In Re : An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 25.1.2019 in connection with Daspur P.S case no.
387 of 2018 dated 18.12.2018 under sections 498A/323/325/406/506/34 of
the Indian Penal Code and sections 3 and 4 of the DP Act
In Re : Birendra Mal …… petitioner

Mr. Tanmoy Chowdhury
…… for the petitioner

Mr. Aditi Shankar Chakraborty
Mr. Srif Hossain
…… for the State

It is submitted on behalf of the petitioner that the allegations
in the FIR are general and omnibus in nature.

Learned lawyer for the State opposes the prayer for bail and
submits that the petitioner did not co-operate with the

Having considered the materials on record and keeping in
mind the nature of allegations which are general and omnibus, we
are of the opinion custodial interrogation of the petitioner may not
be necessary but he requires to co-operate with the investigation in
accordance with law.

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

petitioner 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 also be subject to the conditions as laid

down under section 438(2) of the Code of Criminal Procedure, 1973

and on further condition that the petitioner shall meet the

investigating officer once in a week until further orders.

The application being CRM 1207 of 2019 is disposed of.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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