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Judgments of Supreme Court of India and High Courts

Act vs In Re: Mrityunjoy Halder on 26 November, 2019



Sl No.81
CRM 11026 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 Bamangola Police
Station Case No.239/2019 dated 29.09.2019 under Sections
498A/Section323/Section313/Section506/Section34 of the Indian Penal Code and Sections 3/4 of the D.P.


In Re: Mrityunjoy Halder
… … Petitioner.

Mr. Tapan Datta Gupta,
Mr. Parvej Anam
… for the petitioner.

Mr. R. Jana
… … for the State.

It is submitted on behalf of the petitioner that the FIR was lodged after

considerable delay and the petitioner has been falsely implicated in the instant

case. It is further submitted on behalf of the petitioner that the abortion took

place long before the de facto complainant had left the matrimonial home.

Learned lawyer for the State opposes the prayer for anticipatory bail.

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,

we are inclined to grant anticipatory bail to the petitioner.

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 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.)

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