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20.02.2020
tkm/ct 28 C.R.M. 1921 of 2020
sl no. 57

In Re : An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 19.2.2020 in connection with
Daspur P.S Case no. 408 of 2019 dated 14.10.2019 under sections
498A/323/307/406/34 of the IPC
And
Allowed
In Re : Prosenjit Bardolai Ors. …… petitioners

Mr. S De
Mr. B K Samanta
…… for the petitioners
Mr. Arijit Ganguly
Mr. S K Dan
…… for the State

Heard the learned advocates appearing for the respective
parties.

It is submitted on behalf of the petitioners that they are
the husband and in-laws of the victim housewife and they have
been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer of
anticipatory bail.

We have considered materials on record and we find that
the allegation of assault and ill-treatment by the petitioners as
per the statement of the victim is at variance with the medical
report which discloses unknown poisoning.

In view of the aforesaid facts, we are of the opinion
custodial interrogation of the petitioners is not necessary and
they may be granted anticipatory bail, however, subject to
conditions.

Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of
Rs. 10,000/- each with two sureties of like amount, to the
satisfaction of the Arresting Officer and also be subject to the
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conditions as laid down under section 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the
petitioner no. 1 shall meet the investigating officer once in a
week while on bail until further orders.

Petitioners shall appear before the investigating officer
and hand over passports, if any, within a fortnight from date. In
the event they do not have passports, they shall personally
appear before the investigating officer and furnish affidavit to
that effect within the time frame mentioned hereinabove.

The application being CRM 1921 of 2020 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)