Item no. 15
C.R.A.N.2637 of 2018
C.R.M.6193 of 2018
Re:- An application for recalling being CRAN No.2637 of 2018
Ms. Minoti Gomes, Advocate
Ms. Mithu Mondal, Advocate
…for the petitioner
Mr. Arup Sarkar, Advocate
…for the State
Sufficient grounds have been made out as to why the petitioner
was not represented on August 24, 2018 when CRM 6193 of 2018
was dismissed for default.
The order dated August 24, 2018 is recalled and CRM 6193 of
2018 is restored to the file.
The restoration application, CRAN 2637 of 2018, is allowed as
Re: C.R.M.6193 of 2018
In the matter of:- An application for anticipatory bail under
section 438 of the Code of Criminal Procedure filed on 14.08.2018
in connection with Gazole Police Station Case No. 281/2018 dated
06.06.2018 for alleged offence punishable under Sections
498A/323/307/34 of the Indian Penal Code.
By consent of the parties C.R.M.6193 of 2018 is taken up for
The petitioner seeks anticipatory bail in connection with
Gazole Police Station Case No. 281/2018 dated 06.06.2018 for
alleged offence punishable under Sections 498A/323/307/34 of
the Indian Penal Code.
The State produces the case diary and refers to the statement
of the victim. However, there does not appear to be any serious
injury suffered by the victim.
Considering the material against the petitioner, there should
not be any impediment to the petitioner being granted anticipatory
bail. However, since the victim may have been driven out from her
matrimonial home and, at any rate, she is at her father’s house,
the petitioner should provide for her maintenance.
The petitioner will pay a sum of Rs.7,500/- per month to the
victim on account of maintenance. Such payment will be made,
beginning October, 2018 by the 15th day of each month.
In the event of default for any month, the victim and the State
will be entitled to seek cancellation.
In the event any appropriate forum passes an order for the
maintenance or alimony pendente lite or the like, the payments
made in terms of this order will be adjusted against the same.
Subject to the petitioner beginning to pay the monthly amount
on account of maintenance, in the event of arrest, the petitioner
will be granted bail upon furnishing a security of Rs.10,000/-
(Rupees ten thousand only), with two sureties of Rs.5,000/-
(Rupees five thousand only) each, one of whom must be local, to
the satisfaction of the Arresting Officer, subject to the conditions
as laid down in Section 438 (2) of the Code of Criminal Procedure,
1973. In addition, the petitioner will also report to the
Investigating Officer at such time and place as may be specified by
the concerned police officer.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)