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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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