C.R.M. 7262 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.
In the matter of : Sri Sunil Barman
Mr. Arnab Saha
…..For the petitioner
Mr. Swapan Banerjee
Ms. Purnima Ghosh
……For the State
Apprehending arrest in course of investigation of
Falakata Police Station F.I.R. No. 84 of 2017 dated 4th April,
2017 under Sections 498A/493 of the Indian Penal Code
(hereafter the ‘I.P.C.’), the petitioner has applied for
We have heard learned advocates for the parties and
perused the materials in the case diary.
The allegations levelled in the F.I.R. do not attract
Section 493 I.P.C.; if at all, Section 494 I.P.C. is attracted,
which is bailable.
Insofar as the allegation of commission of offence under
Section 498A, I.P.C. is concerned, we are of the considered
view having regard to the unreported decision dated 27th July,
2017 of the Supreme Court in Criminal Appeal No. 1265 of
2017 : ‘Rajesh Sharma Vs. State of Uttar Pradesh’ that
custodial interrogation of the petitioner is not necessary for
taking the investigation to its logical conclusion; hence, he is
entitled to direction, as prayed for.
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.5,000/-, with two sureties of
like amount each, one of whom must be local, to the
satisfaction of the arresting officer and also subject to the
conditions as laid down in sub-section (2) of Section 438 of
the Code of Criminal Procedure.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)