C. R. M. 7755 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 22.08.2019 in connection with Karimpur Police Station Case No. 151 of
2019 dated 02.08.2019 under Sections 498A/Section307/Section34 of the Indian Penal Code.
In Re: Sanjit Kumar Mondal
… … Petitioner
Mr. Sourav Chatterjee .. Advocate
Mr. Asraf Mandal .. Advocate
… … for the petitioner
Mr. Sataroop Purukayastha .. Advocate
… … for the de-facto complainant
Mr. Imran Ali .. Advocate
Mr. Nirupam Dhali .. Advocate
… … for the State
Heard the learned advocate appearing for the respective parties.
It is submitted on behalf of the petitioner that the instant case was registered
belatedly due to a matrimonial dispute.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
Learned advocate for the de-facto complainant opposes the prayer for
anticipatory bail and submits that his client was forced to abort the unborn child.
We have considered the materials on record. There is a time gap of two months
in lodging FIR since the alleged abortion of the unborn child. Keeping in mind the
aforesaid fact, we are of the opinion though custodial interrogation of the
accused/petitioner may not be necessary, he requires to cooperate with the investigation
in accordance with law.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Sanjit Kumar Mondal, be released on bail upon furnishing a bond of Rs.10,000/-
(Rupees Ten thousand only), 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 he shall
meet the Investigating Officer once in a week until further orders and shall appear before
the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)