C. R. M. 10084 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 22.10.2019 in connection with Baruipur Police Station Case No. 1278
of 2019 dated 14.06.2019 under Sections 498A/Section376/Section323/Section506/Section504/Section34 of the Indian Penal
Code. (G.R. Case No.3838 of 2019)
In Re: Bhaskar Sarkar
… … Petitioner
Mr. Noni Gopal Sarkar .. Advocate
Mr. Devranjan Das .. Advocate
… … for the petitioner
Mr. Prasun Kumar Dutta .. Advocate
Mr. Angshuman Chakraborty .. Advocate
… … for the de-facto complainant
Mr. Pratick Bose .. Advocate
… … for the State
Heard the learned advocate appearing for the respective parties.
It is submitted on behalf of the petitioner that he is the brother-in-law of the
victim-housewife and has been falsely implicated in the instant case.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Learned advocate appearing for the de-facto complainant also opposes the
prayer for anticipatory bail and submits that the petitioner had misbehaved with her.
We have considered the materials on record. Allegation with regard to
misbehaviour with the victim-housewife is bereft of material particulars with regard to date
and time. Hence, in the facts and circumstances of the present case, we are of the opinion
though custodial interrogation of the accused/petitioner may not be necessary in the facts
of the present case, his movement requires to be restricted in order to instil confidence in
the minds of the de-facto complainant and other witnesses.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Bhaskar Sarkar, 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 not enter the
jurisdiction of Baruipur Police Station until further orders except for the purpose of
investigation and/or for attending court proceedings and shall provide the address where
he shall presently reside to the Investigating Agency as well as the court below and shall
report to the Officer-in-charge of the concerned police station within whose jurisdiction he
shall presently reside once in a week until further orders and 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.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)