C. R. M. 4417 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 22.04.2019 in connection with AJC Bose Botanic
Garden Police Station Case No. 42/19 dated 07.04.2019 under Sections
498A/Section506/Section406/Section34 of the Indian Penal Code.
In Re: Avishek Ghosh Ors.
… … Petitioners
Mr. S. Pachhal
Mr. S. Gooptu
Mr. A.N. Naskar
Mr. S. Sen
… … for the petitioners
Mr. R. Jana
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners initially the parties had
resolved their matrimonial dispute and filed an application for divorce on mutual
consent. Subsequently, instant criminal case has been registered only to harass
and humiliate the petitioners.
Learned advocate for the State opposes the prayer for anticipatory bail
and submits that the petitioners have not cooperated with the investigation.
Having considered the materials in the case diary and bearing in mind
the nature of allegations and in the light of the aforesaid submission made on
behalf of the petitioners, we are of the opinion that the petitioners may be
granted anticipatory bail, however, subject to certain conditions.
Accordingly, we direct that in the event of arrest, the petitioners be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand
only) each, 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
they shall meet the Investigating Officer once in a week until further orders and
they shall appear before the court below and pray for regular bail within a
fortnight from date.
The application for anticipatory bail is, thus, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)