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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.)