Daily Archives: August 12, 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.

* ALSO proves as to how long it takes to reach JUST AB stage at HC !!

* Husbands should use this bail order to obtain their own bail !!

*****************************disclaimer**********************************
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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo .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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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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Vinayak
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

ANTICIPATORY bail in 498a case as custodial interrogation NOT necessary & no chance abscondence of petitioner; CAL H.C.

Notes
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* Clear bail in a 498A/406/323/34 IPC case.
* Reasons clearly stated
* custodial interrogation NOT necessary &
* no chance abscondence of petitioner

* Husbands should use this bail order to obtain their own bail !!

*****************************disclaimer**********************************
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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Kolkata High Court (Appellete Side)

Chandan Bhar vs State Of West Bengal

on 8 August, 2014

Author: Pranab Kumar Chattopadhyay

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C.R.M. 8828 of 2014

In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on August 1, 2014 in connection with Pursurah Police Station Case No. 13 of 2014 dated March 5, 2014 under Sections 498A/406/323/34 of the Indian Penal Code;

Mr. Antarikhya Basu, …for the petitioner.

Mr. Bidyut Kumar Roy, …for the State.

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We have heard the learned advocates appearing for the parties and perused the case diary.

Having considered the materials in the case diary, we are of the view that custodial interrogation of the petitioner is not necessary. There is also no chance of abscondence of the petitioner.

We are, therefore, inclined to allow the prayer of the petitioner for anticipatory bail under Section 438 of the Code of Criminal Procedure. Accordingly, we direct that in the event of arrest, the petitioner, namely, Chandan Bhar, shall be released on bail upon furnishing a bond of Rs. 3,000/- (Rupees three thousand) only with one surety of like amount to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure. The application for anticipatory bail is, thus, allowed.

( Pranab Kumar Chattopadhyay, J. )

( Sudip Ahluwalia, J. )

dns

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regards
Vinayak
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

Husband+others jail 1 YEAR !! on Wife suicide. Bail aftr Chargesheet. Wht abt 80000 male sucide/yr.

"……victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year …." !!

Ananda Mondal & Anr. ……… Petitioners
Vs
State

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Kolkata High Court (Appellete Side)

8044/2014 on 8 August, 2014

Author: Pranab Kumar Chattopadhyay

C.R.M 8044 of 2014

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In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.07.2014 in connection with Murutia Police Station Case No.197 of 2013 dated 14.09.2013 under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

AND

Mr. Deep Chaim Kabir, Mr. Asraf Mandal ……… For the petitioners

Mr. Manjit Singh, ld. P.P, Mr. Bitashok Banerjee ……… For the State
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Heard the learned advocate of both the parties.

The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

The learned Advocate representing the petitioners submits that the victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year and charge sheeted co-accused has already been granted bail. The learned Public Prosecutor representing the State submits that the investigation is complete and charge sheet has been submitted. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Having considered the materials in the case diary and considering the fact that the charge sheet has already been submitted and the petitioners are in custody for last one year, we are of the opinion that further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely, Ananda Mondal and Parimal Mondal be released on bail upon furnishing a bond of Rs.10,000/- each (Rupees Ten thousand only) with two sureties of like amount, of whom one must be local to the satisfaction of learned Additional Chief Judicial Magistrate, Tehatta, Nadia. The application for bail, thus, stands disposed of.

(Pranab Kumar Chattopadhyay,J.)

(Sudip Ahluwalia,J.)

*****************************disclaimer**********************************
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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*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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

Husband+others jail 1 YEAR !! on Wife suicide. Bail aftr Chargesheet. Wht abt 80000 male sucide/yr.

"……victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year …." !!

Ananda Mondal & Anr. ……… Petitioners
Vs
State

*****************************************************************

Kolkata High Court (Appellete Side)

8044/2014 on 8 August, 2014

Author: Pranab Kumar Chattopadhyay

C.R.M 8044 of 2014

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In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.07.2014 in connection with Murutia Police Station Case No.197 of 2013 dated 14.09.2013 under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

AND

Mr. Deep Chaim Kabir, Mr. Asraf Mandal ……… For the petitioners

Mr. Manjit Singh, ld. P.P, Mr. Bitashok Banerjee ……… For the State
http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

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Heard the learned advocate of both the parties.

The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

The learned Advocate representing the petitioners submits that the victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year and charge sheeted co-accused has already been granted bail. The learned Public Prosecutor representing the State submits that the investigation is complete and charge sheet has been submitted. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Having considered the materials in the case diary and considering the fact that the charge sheet has already been submitted and the petitioners are in custody for last one year, we are of the opinion that further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely, Ananda Mondal and Parimal Mondal be released on bail upon furnishing a bond of Rs.10,000/- each (Rupees Ten thousand only) with two sureties of like amount, of whom one must be local to the satisfaction of learned Additional Chief Judicial Magistrate, Tehatta, Nadia. The application for bail, thus, stands disposed of.

(Pranab Kumar Chattopadhyay,J.)

(Sudip Ahluwalia,J.)

*****************************disclaimer**********************************
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
******************************************************************

http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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

Husband JAILED 4 MONTHS in 498a case ie wife’s words. Wife alive NO othr allegations ! Fate of married men in FREE India

Jitendra Ram vs The State Of Bihar on 24 January, 2014

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3325 of 2014

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Jitendra Ram Son of Gharbharan Ram Resident of Village- Fatehpur, P.S.- Yogapatti, District- West Champaran …. …. Petitioner

Versus

The State of Bihar …. …. Opposite Party
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

ORAL ORDER

24-01-2014

Heard learned counsel for the petitioner and learned counsel for the State.
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The petitioner seeks bail in a case which has been registered under Sections 498A, 494 read with 34 of the Indian Penal Code as also Section 3/4 of the Dowry Prohibition Act. It is contended that there is no truth behind the allegation of subjecting the informant to cruelty for demand of dowry. The petitioner also denies to have married with another lady. Admittedly the marriage had taken place seven years ago. The contention is that the instant case has been registered on account of marital discord and incompatibility between the parties. Be that as it may, considering the fact that the petitioner is in custody since 19th September, 2013 and investigation of the case has already concluded, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Yogapatti P.S. Case No. 268 of 2012.

(Ashwani Kumar Singh, J.)

KKSINHA/-

*****************************disclaimer**********************************
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.

******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE
******************************************************************

http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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