Calcutta High Court (Appellete Side)
6776/2011 on 25 August, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
08.2011 CRM No. 6776 of 2011
)
.)
In re: Gita Dolui & 2 Ors. ...Petitioners
Ms. Pronoti Goswami -For the petitioners
Mr. Arun Kr. Roy - For the State
Re: Application under section 438 of the Code of Criminal Procedure filed on 26.7.2011 in
connection with Arambag P. S. Case No. 372/2011 dated 24.7.2011 under Sections
147/148/323/341/498A/406/504/506(2) of the I.P.C.
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Liberty is given to the learned Counsel for the petitioners to correct the Cause Title. The learned Advocate for the petitioners submits that she has been instructed not to press the prayer for anticipatory bail in respect of the petitioner no. 3. Accordingly, the prayer for anticipatory bail of the petitioner no. 3/Tapan Dolui stands rejected as 'not pressed'.
We have heard the submissions of the learned Advocates for the petitioners and for the State. We have perused the materials available before us and we are of the considered view that this is an appropriate case for admitting the petitioners' no. 1/Gita Dolui and no. 2/Rani Dolui with an order under section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the petitioners no. 1 and 2 be released on bail under Section 438 of the Code of Criminal Procedure on the following conditions that:
(i) the petitioners no. 1 and 2 shall make themselves available for interrogation by the Investigating Agency of the case as and when required;2
(ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer;
(iii) the petitioners no. 1 and 2 shall not leave India without prior permission of the Court;
This application is, thus, disposed of.
(Kalidas Mukherjee, J.) (Raghunath Bhattacharya, J.)