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C.R.M. 1190 of 2018
08.02.2018 In the matter of : An application for anticipatory bail under Section 438 of
92
Ct. No. 28 the Code of Criminal Procedure filed on 07.02.2018 in connection with
ss
(Allowed)
Karimpur P.S. Case No. 12 of 2018 dated 18.01.2018 under sections
498A/306 of the Indian Penal Code.
And
In the matter of: Subir Mondal
… … petitioner.
Mr. Asit Kumar Biswas
… … for the petitioner.
Mr. Sudip Ghosh,
Mr. Bitasok Banerjee
… … for the State.
It is submitted on behalf of the petitioner that there was an
inordinate delay in lodging the first information report. It is further
submitted that the petitioner was a member of CRPF and was ordinarily
away from the matrimonial home as he was posted at his place of work
and the incident occurred ten years after marriage.
Learned counsel appearing for the State opposes the prayer for
anticipatory bail and submits that the petitioner suspected the character of
his wife.
We have considered the materials in the case diary and we find
that the first information report was not lodged at the first instance and
there was a delay of six months in instituting the instant proceeding. The
petitioner was a member of CRPF and was posted at his place of work
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away from the matrimonial home and the incident occurred ten years after
marriage. Hence, we are of the opinion that custodial interrogation of the
petitioner may not be necessary and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/‐ with two sureties of
like amount, to the satisfaction of the arresting officer and also subject to
the conditions as laid down under Section 438(2) of the Code of Criminal
Procedure, 1973.
This application for anticipatory bail is, thus, disposed of.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
