CRM 11057 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 25.11.2019 in connection with Tehatta Police
Station Case No.463/2019 dated 10.10.2019 under Sections
498A/Section325/Section308/Section354/Section34 of the Indian Penal Code.
In Re: Sanjay Biswas
… … Petitioner.
Mr. A. Chatterjee,
Mr. S. Mukherjee,
Mr. A. Islam
… for the petitioner.
Ms. Sonali Bhar
… … for the State.
It is submitted on behalf of the petitioner that there is a dispute over the
custody of a minor child and he has been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for anticipatory bail and
submits that the petitioner had assaulted his in-laws including the minor.
Having considered the materials on record and bearing in mind the nature
of allegations in the light of the aforesaid submission on behalf of the petitioner
that there is a dispute between the petitioner and the de facto complainant – wife
over custody of the minor child resulting in a skirmish, we are of the opinion,
though custodial interrogation of the petitioner may not be necessary, movement
of the petitioner requires to be restricted in order to prevent commission of
similar offences in future.
Accordingly, we direct that in the event of arrest, the petitioner 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 the petitioner
shall not enter the jurisdiction of Tehatta Police Station until further orders
except for the purposes of investigating and/or for attending the court
proceedings and shall provide the address where the petitioner shall presently
reside to the Investigating Agency as well as the Court below and shall report to
the Officer-in-Charge of the concerned police station within whose jurisdiction
the petitioner shall presently reside once in a week until further orders and on
condition that the petitioner shall appear before the court below and pray for
regular bail within a period of four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)