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9.03.2019 Under Sections … vs In Re: Arnab Banerjee on 22 April, 2019

1

22.04.2019
62

sdas
allowed

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.

And
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

anticipatory bail.

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.

2

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.)

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