rkd Ct. No.28 C.R.M. 10877 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 21/11/2019 in
connection with Uttarpara P.S. Case No. 419 of 2019 dated
17/08/2019 under Sections 498A/Section354B/Section376/Section511 of the
Indian Penal Code.
In the matter of: Ashish Kumar Bhattacharjee
Mr. S. Kumar,
Md. S. Khan
…for the petitioner.
Mr. S. Purokaisto
…for the State.
It is submitted on behalf of the petitioner that the instant case
has been belatedly instituted on false and frivolous allegations.
Learned counsel appearing on behalf of the State opposes the
prayer for anticipatory bail and submits that the petitioner i.e. father-
in-law had misbehaved with the defacto complainant wife..
Having considered the materials on record and bearing in mind
the nature of allegations in the light of the aforesaid submission that
there is delay in lodging the first information report, we are of the
opinion that though custodial interrogation of the petitioner is not
necessary, petitioner requires to cooperate with the investigation.
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 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 further condition that he shall
meet the investigating officer once in a week until further orders and
that he shall appear before the court below and pray for regular bail
within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)