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The Indian Penal Code And Sections … vs In Re: Shakeel Khan on 18 September, 2019

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18.09.19

Sl. No.50
akd
[ALLOWED]
C. R. M. 7916 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 28.08.2019 in connection with Paschim Medinipur Kotwali Police
Station Case No. 474 of 2019 dated 20.08.2019 under Sections 498A/Section307/Section406/Section34/Section506 of
the Indian Penal Code and Sections 3/Section4 of the Dowry Prohibition Act.

And

In Re: Shakeel Khan
… … Petitioner
[

Mr. Sandipan Ganguly .. Sr. Advocate
Ms. Sudakshina Dey .. Advocate
… … for the petitioner

Mr. Arup Kumar Mondal .. Advocate
Mr. Sambuddha Mondal .. Advocate
… … for the de-facto complainant

Mr. Imran Ali .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State

It is submitted on behalf of the petitioner that he has been falsely implicated in

the instant case.

Report is filed on behalf of the Investigating Agency wherefrom it appears that

some stridhan articles have already been recovered. The said report be kept with the

record.

Learned advocate appearing for the de-facto complainant opposes the prayer for

anticipatory bail and submits that gold ornaments have not been seized.

In the light of the aforesaid report and keeping in mind the nature of allegations,

we are of the opinion though custodial interrogation of the accused/petitioner may not be
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necessary, he requires to cooperate with the investigation in accordance with law

including further recovery of stridhan articles, if any.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Shakeel Khan, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

thousand only), 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 he shall meet the

Investigating Officer once in a week until further orders and shall appear before the court

below and pray for regular bail within four weeks from date.

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

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

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