C. R. M. 2004 of 2020
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 20.02.2020 in connection with Ranitala Police Station Case No. 636 of
2019 dated 21.10.2019 under Sections 498A/304B/34 of the Indian Penal Code.
In Re: Sabirul Islam
… … Petitioner
Mr. Debapriya Samanta .. Advocate
… … for the petitioner
Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that he is the husband of the victim-
housewife and was abroad when the incident occurred. It is further submitted that the
victim-housewife committed suicide at her parental home.
Learned advocate appearing for the State opposes the prayer for anticipatory
bail and submits that the petitioner used to threaten the victim-housewife over telephone.
Having considered the materials on record and bearing in mind the extent of
complicity of the petitioner in the alleged crime in the light of the submission that he was
residing abroad at the time when the incident occurred, we are of the opinion that
custodial interrogation of the accused/petitioner may not be necessary in the facts of the
present case and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Sabirul Islam, 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. Petitioner shall appear before the
Investigating Agency and hand over his passport, if any, within a fortnight from date. In
the event he does not have a passport, he shall personally appear before the
Investigating Agency and furnish an affidavit to that effect within the time frame mentioned
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)