An Application For Anticipatory … vs Rajib Kumar Mondal on 19 July, 2017


19.07.2017 C.R.M. 5399 of 2017

5 In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 14th June, 2017.

In the matter of : Rajib Kumar Mondal
Mr. Debabrata Das Gupta
….. For the Petitioner
Mr. S. S. Imam
Mr. Sandip Kundu.
…… For the State

Apprehending arrest in course of investigation of Suri Women Police Station FIR
No. 25 of 2017 dated 03.5.2017 under sections 498A/307/506/34 of the Indian Penal
Code, the petitioner (the husband of the victim) has applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials in the
case diary, more particularly, the statement of the victim recorded under section 161 of
the Code of Criminal Procedure (hereafter the Cr.P.C.).

Having regard to the nature of allegations under investigation and the level of
complicity of the petitioner, as reflected from the case diary, we are of the considered
opinion that his custodial interrogation is not necessary for effective and meaningful
progress of investigation of the FIR and that he is entitled to direction as prayed for in
the application.

The application, thus, stands allowed with the direction that in the event of
arrest, the petitioner shall be released on bail upon furnishing bond of Rs.5000/-
(Rupees five thousand) with two sureties of like amount, one of whom must be local to
the satisfaction of the arresting officer and subject to condition as laid down in sub-
section (2) of section 438 of the Cr.P.C.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

Leave a Comment

Your email address will not be published. Required fields are marked *