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In Re: Mrs. Zinnia Basak & Anr (02/12/2019)

Learned lawyer for the State opposes the prayer for anticipatory bail. Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission on behalf of the petitioners that there is a pending civil dispute between the parties, we are inclined to grant anticipatory bail to the petitioners.

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Calcutta High Court

(Appellete Side)

In Re: Mrs. Zinnia Basak & Anr

CRM 11187 of 2019

DATE: 2.12.2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28.11.2019 in connection with Chandannagar Police Station Case No. 15 of 2019 dated 25.01.2019 under Sections 420/406/384/506/379/323/34 of the Indian Penal Code.

And In Re: Mrs. Zinnia Basak & Anr.

… … Petitioners.

Mr. Sandip Kumar Bhattacharyya, Ms. D. Pramanik … for the petitioners.

Mr. S. Banerjee, Mr. S. De … … for the State.

It is submitted on behalf of the petitioners that there is a civil dispute between the parties and the instant case was instituted as an instrument of harassment to coerce the petitioners to accede to the unjustified claims of the de facto complainant.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner No.2 shall meet the investigating officer once in a week until further orders and on condition that the petitioners shall appear before the court below and pray for regular bail within a period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Joymalya Bagchi, J.)

(Suvra Ghosh, J.)

Tags: ANTICIPATORY BAIL

Tagged: ANTICIPATORY BAIL

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07/04/2023 at 19:01 #128911

advtanmoy
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Learned lawyer for the State opposes the prayer for anticipatory bail. Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission on behalf of the petitioners that there is a pending civil dispute between the parties, we are inclined to grant anticipatory bail to the petitioners.

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