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Calcutta High Court (Appellete Side)

An Application For Anticipatory Bail ... vs Abhinash Mandal @ Abhinas Das on 14 July, 2017

Author: Dipankar Datta

Bench: Dipankar Datta

1 14.07.2017 C.R.M. 5232 of 2017 OWED 7 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13th June, 2017.

And In the matter of : Abhinash Mandal @ Abhinas Das Petitioner.

Ms. Minati Gomes Mr. Kazi M. Rahman.

                                          .....    For the Petitioner.
       Ms. Kakali Chatterjee
                                          ......     For the State
       Mr. Pravas Bhattacharya
                                          ......     For the De facto.

Apprehending arrest in course of investigation of Chanchal Police Station FIR No. 372 of 2013 dated 24.8.2013 under sections 365/368/376/34 of the Indian Penal Code, the petitioner has applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials in the case diary. Since the de facto complainant has married the petitioner and even police report (charge-sheet) under section 173(2) of the Code of Criminal Procedure has been submitted before the relevant magistrate on completion of investigation, we are of the considered opinion that personal liberty of the petitioner may not be curtailed at this stage and that he is entitled to direction, as prayed for, in the application.

The application, thus, stands allowed with the direction that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.5000/- (Rupees five thousand) with two sureties of like amount, one of whom must be local to the satisfaction of the court below.

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