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Uttam Das vs Unknown on 3 July, 2017



C.R.M. 4340 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of : 1. Uttam Das
2. Babli Das
3. Biswajit Dey
… petitioners
Ms. Minoti Gomes
…..For the petitioners

Mr. Sabir Ahmmed
……For the State

Mr. Arnab Chatterjee

…….For the de-facto complainant

Apprehending arrest in course of investigation of Taherpur

Police Station F.I.R. No. 111 of 2017 dated 2nd May, 2017 under

Sections 498A/304B/302/34 of the Indian Penal Code, the

petitioners (parents-in-law of the victim and the son-in-law of

such parents) have applied for anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary, more particularly

statement of the mother of the victim recorded under Section

161 of the Code of Criminal Procedure (hereafter the ‘Cr.P.C.’).

On perusal of the case diary, we are of the considered view

that complicity of the petitioner no 1 (Uttam Das) cannot be

totally ruled out. Accordingly, the prayer for direction as made

by the said petitioner stands rejected.

So far as the petitioner nos. 2 3 (Babli Das and Biswajit

Dey) are concerned, we are of the considered view that custodial

interrogation of the said petitioners is not necessary for

meaningful progress of investigation and that they are entitled

to a direction for release on bail, as prayed for.

The application, accordingly stands disposed of with the

direction that in the event of the arrest of the petitioner nos. 2

and 3, they shall be released on bail upon furnishing bond of

Rs.5,000/- each, with two sureties of like amount each, to the

satisfaction of the arresting officer and also subject to the

conditions as laid down in sub-section (2) of Section 438 of the

Code of Criminal Procedure.

(Debi Prosad Dey, J.) (Dipankar Datta, J.)

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