CRM 4396 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed in connection with New Barrackpore PS Case No.
140/2018 dated 14.06.2018 under Section 498A/307/406/506/34 of Indian
In the matter of : Amit Biswas Ors.
Mr. Abdur Rakib, Adv.
….. For the Petitioners
Ms. Kakali Chatterjee, Adv.
….. for the State
It is submitted on behalf of the petitioners that they have been
falsely implicated in the instant case due to matrimonial discord
between the petitioner no.1 and the de facto complainant.
Learned Advocate appearing for the State produces the case diary
and 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 submissions made
on behalf of the petitioner and the fact that the allegation of attempt to
murder the victim is not supported by medical evidence, we are of the
opinion that custodial interrogation of the petitioners is not necessary
in the facts of the case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioner
shall be released on anticipatory bail upon furnishing bond of
Rs.10,000/-( Rupees Ten Thousand only) each with two sureties of like
amount each, to the satisfaction of the arresting officer and also subject
to the conditions laid down in sub-section (2) of Section 438 of the Code
of Criminal Procedure, 1973 and on further condition that they shall
meet the investigating officer once in a week until further orders.
The application for anticipatory bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)