Monday, August 11, 2014

498a filed Nov '12 , Anticip bail Aug '14 !! AB granted as custody not needed, no absconding risk ; Good case in CAL HC



notes
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* Chapra Police Station Case no.610 of 2012 dated November 22, 2012
* under Sections 498A/376/511 of the Indian Penal Code
* bail granted august 8th 2014
* Custodial interrogation of the petitioners in this case is not necessary. There is also no apprehension of absconding of the petitioners.
* Husbands should use this bail order to obtain their own bail !!


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Kolkata High Court (Appellete Side)

Kalimuddin Gayen And Others vs The State Of West Bengal

8 August, 2014

Author: Pranab Kumar Chattopadhyay

C.R.M. 6295 of 2014
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In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on May 22, 2014 in connection with Chapra Police Station Case no.610 of 2012 dated November 22, 2012 under Sections 498A/376/511 of the Indian Penal Code; And

In the matter of : Kalimuddin Gayen and others. ...petitioners.

Versus

The State of West Bengal  ...opposite party.

Mr. Jaladhi Das. ...for the petitioners.

Mr. Pradipta Ganguly. ...for the State.
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Heard the learned Advocate of both the parties.

Having considered the materials in the case diary, we are of the view that custodial interrogation of the petitioners in this case is not necessary. There is also no apprehension of absconding of the petitioners.

We are, therefore, inclined to allow the prayer of the petitioners for anticipatory bail
under Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.3,000/- (Rupees three thousand) only each with one surety of like amount each to the satisfaction of the arresting officer and subject to conditions as laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of.

(Pranab Kumar Chattopadhyay, J.)

(Sudip Ahluwalia, J. )



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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist