C.R.M. 3371 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on
05.06.2018 in connection with Sabang P.S. Case No. 243/2017 dated 27.08.2017 under Sections
498A/323/354B/376(D)(F)/379/34 of the Indian Penal Code.
(Allowed) Sri Sukamal Mal
State of West Bengal
Mr. Somnath Chakraborty, Adv.
…for the petitioner.
Mr. Bidyut Kr. Roy, Adv.
Miss. Rita Datta, Adv.
…for the State.
It is submitted on behalf of the petitioner that he is not a relation of the
victim housewife and has been falsely implicated in the instant case. It is
further submitted that the other co-accused persons have been released on
Learned lawyer for the State opposes the prayer for bail.
We have considered the materials on record and keeping in mind the
extent of complicity of the petitioner as transpiring from the statement of the
victim recorded under Section 164 of the Code of Criminal Procedure, we are
inclined in granting anticipatory bail to the petitioner.
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, to the satisfaction of the arresting officer subject to condition that the
petitioner shall not enter the jurisdiction of Sabang Police Station until further
orders and shall provide the address where he shall presently reside to the
investigating agency as well as to the court below and also subject to the
conditions as laid down under Section 438(2) of the Code of Criminal
Procedure, 1973. The petitioner shall appear before the court below and pray
for regular bail within 15 days from date.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)