C. R. M. 4533 of 2018
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 05.07.2018 in connection with Malda Police Station Case No. 268 of
2018 dated 28.06.2018 under Sections 498A/323/325/307 of the Indian Penal Code.
(G.R. Case No. 2714 of 2018)
In Re: Pranab Saha
… … Petitioner
Mr. Kazi Mokhlasur Rahman .. Advocate
… … for the petitioner
Mr. Sukanta Ghosh .. Advocate
… … for the de-facto complainant
Mr. Arijit Ganguly .. Advocate
Mr. Avik Ghatak .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that there is a matrimonial dispute
between the parties and that he has been falsely implicated in the instant case twenty
years after the marriage.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
Learned advocate for the de-facto complainant submits that the petitioner is
threatening his client.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the aforesaid submissions made on behalf of the respective
parties and in view of the fact that the allegations of physical assault is not supported by
medical evidence, we are of the opinion although custodial interrogation of the
accused/petitioner is not necessary in the facts of the present case and he may be
granted anticipatory bail, his movements require to be restricted in order to instil
confidence in the mind of the de-facto complainant.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Pranab Saha, 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 subject to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the said petitioner shall not enter
the jurisdiction of Malda Police Station until further orders except for meeting the
Investigating Agency or in connection with the court proceedings and shall appear before
the court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)