Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Manoj Jana on 5 May, 2016
Author: Patherya
Bench: Patherya
1 05.05.2016
CRM 2264 of 2016 Court No.08 Item No. 44 In the matter of an application for anticipatory bail under Section 438 of snandy the Code of Criminal Procedure filed on 18.03.2016 in connection with (ALLOWED) Contai P.S. Case No. 170 of 2014 dated 09.05.2014 (G.R. Case No. 560 of 2014) under Sections 498A/304/34 of the Indian Penal Code.
And In the matter of : Manoj Jana ......Petitioner Mr. Swapan Kumar Mallick, Advocate Mr. Amitabha Karmakar, Advocate ......for the Petitioner Mr. Saibal Bapuli, Advocate Mr. Arijit Ganguli, Advocate ......for the State This is an application under Section 438 of the Code of Criminal Procedure as filed by the accused petitioner praying for his release on anticipatory bail in the event of his arrest in connection with Contai P.S. Case No. 170 of 2014 dated 09.05.2014 (G.R. Case No. 560 of 2014) under Sections 498A/304/34 of the Indian Penal Code.
Defence counsel submits that the petitioner is the husband of the sister-in-law (Nanad) of the victim lady and they are living separately in a mess. The petitioner is in no way connected with the alleged offence and has been falsely implicated.
The learned Counsel for the State submits that no material against the petitioner has been collected during investigation. The chargesheet has already been submitted and custodial interrogation will not be necessary.
Having considered the fact that chargesheet has been submitted and no interrogation is required and also considering the submissions of the parties and on scrutiny of the case diary, sufficient material exists to warrant grant of anticipatory bail to the petitioner herein in the event of his arrest, upon furnishing bond of Rs.5,000/- along with two sureties of Rs.2,500/- each, to the satisfaction of the Court.
The prayer for anticipatory bail is allowed and the application is, thus, disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis.
2( Patherya, J.) ( Debi Prosad Dey, J. )