C.R.M. 529 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the
(Allowed) Code of Criminal Procedure filed on 15/01/2018 in connection with
Durgapur P.S. Case No. 545/2017 dated 16.09.2017 under Sections
498A/302/304B/120B/34 of the Indian Penal Code.
In the matter of: Goutam Kumar Biswas
Mr. U.S. Chattopadhyay, Adv.
Mr. S. Maji, Adv.
Ms. S. Saha, Adv.
Ms. A. Ganguly, Adv.
…for the petitioner
Mr. Sourav Chatterjee, Adv.
Ms. Sayanti Santra, Adv.
…for the State
It is submitted on behalf of the petitioner that he has no relation with the victim
housewife and has been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail and submits that the
proclamation and attachment has been issued against the petitioner.
We have examined the materials on record and we find that no satisfaction was
recorded by the learned court below before declaring the petitioner as a proclaimed
offender. Hence, we chose to entertain the petition on merits. We also note that the
petitioner was not residing with the couple and the allegations against him relating to
incitement of the victim housewife are general and omnibus in nature. Hence, we are
inclined to grant anticipatory bail to the petitioner.
In the event of arrest, the petitioner shall be released on bail upon furnishing
bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount to the
satisfaction of the arresting officer 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.
The application for anticipatory bail is, accordingly, allowed.
Urgent photostat certified copy of this order, if applied for, be supplied
expeditiously after complying with all necessary legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)