C. R. M. 1986 of 2020
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 20.02.2020 in connection with Dankuni Police Station Case No. 155 of
2019 dated 22.07.2019 under Sections 323/420/498A/406/307/506/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.
In Re: Nitin Singh
… … Petitioner
Ms. Minoti Gomes .. Advocate
Md. Zeeshan Uddin .. Advocate
Ms. Amrin Khatoon .. Advocate
… … for the petitioner
Mr. Tanmay Kumar Ghosh .. Advocate
Ms. Seema Biswas .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that the de-facto complainant-wife
belonged to a different religion and had a prior marriage. It is further submitted that
differences cropped up between the couple and an application was made for dissolution
of marriage through a decree by mutual consent. Subsequently, the instant case has been
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 and as the instant case has been belatedly registered although allegation of
physical torture relates to 2018, we are of the opinion that custodial interrogation of the
accused/petitioner may not be necessary in the facts of the present case and he may be
granted anticipatory bail however, subject to strict conditions.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Nitin Singh, 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 further condition that he shall meet the
Investigating Officer once in a month until further orders. Petitioner shall appear before
the Investigating Agency and hand over his passport, if any, within four weeks from date.
In the event he does not have a passport, he shall personally appear before the
Investigating Agency and furnish an affidavit to that effect within the time frame mentioned
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)