C.R.M. No. 4356 of 2019
In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure
filed on 17.04.2019 in connection with Serampore Police Station Case No. 112 of 2019 dated
19.03.2019 under Sections 498A/406/313/34 of the Indian Penal Code.
In Re: Arnab Banerjee ….petitioner
Mr. Asimes Goswami,
Ms. Paulomi Banerjee
…for the petitioner
Mr. Imran Ali,
Mr. Amanul Islam
…. for the State
Mr. Abhijit Ganguly
…. for the de-facto complainant
It is submitted by the learned Counsel appearing for the
petitioner that a matrimonial proceeding is pending by and between
the parties and the allegation of forcible abortion is patently absurd
and inherently improbable. There is delay in lodging F.I.R.
Learned Counsel appearing for the State opposes the prayer for
Learned Counsel appearing for the de facto complainant
submits that the victim was subjected to torture and there is every
likelihood of the petitioner repeating similar offence.
We have considered the materials on record. We find that
matrimonial proceeding is pending by and between the parties. There
is delay in lodging F.I.R.
In view of the aforesaid facts, we are of the opinion that
though custodial interrogation of the petitioner is not necessary he
requires to co-operate with the investigation in accordance with law.
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 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
conditions that he shall meet the investigating officer once in a week
until further orders and shall appear before the court below and pray
for regular bail within a period of fortnight from date.
This application for anticipatory bail is, thus, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)