C.R.M. 4768 of 2019
Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.
In re : Abdul Alim……………petitioner
Mr. Kallol Mondal
Mr. Partha Sarathi Ghosh
Mr. Krishan Roy
Ms. Amrita Chel…..for the petitioner
Ms. Kakali Chatterjee………….for the State
The petitioner apprehends arrest in course of investigation of
Nabagram Police Station F.I.R. No. 92 of 2019 dated 16.03.2019 under Sectionsections
498A/Section325/Section354/Section307/Section406/Section34 of the Indian Penal Code and Sectionsections 3 and Section4,
SectionDowry Prohibition Act; hence, he has presented this application for a direction
that in the event of such arrest, he may be released on bail.
Having heard learned advocates for the parties and on perusal of the
materials in the case diary, we are satisfied that the F.I.R. could be a counter-
blast to the F.I.R. that was lodged against the de-facto complainant by the
father of the accused/petitioner. That apart, neither is there any statement of
the victim recorded under Sectionsection 164 of the Code of Criminal Procedure, 1973
(hereafter the ‘Code’) nor is there any injury report generated from a
Government hospital. The prescription issued by a private clinic suggests
headache and body ache suffered by the complainant for which pain-killers and
antacids were prescribed.
In view of the above, we are of the considered opinion that custodial
interrogation of the petitioner is not necessary and it is a fit and proper case for
making direction, as prayed for.
Accordingly, it is directed that in the event of arrest, the petitioner
shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five
Thousand) only with two sureties of like amount one of whom must be local, 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.
The application is, thus, disposed of.
(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)