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Hira Lal Tiwari @ Hiralal Tewary vs Unknown on 5 February, 2020

1

46 05.02.2020
rkd Ct. No.28 C.R.M. 1207 of 2020
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 03/02/2020 in
connection with Durgapur New Township P.S. Case No. 169 of
2018 dated 11/12/2018 under Section 498A /406 /323 /313
/34 of the Indian Penal Code and under Sections 3/4 of the
D.P. Act.

And

In the matter of: Hira Lal Tiwari @ Hiralal Tewary
….petitioner.

Mr. U. Ray
…for the petitioner.

Mr. N. P. Agarwala,
Mr. D. Dasgupta
…for the State.

It is submitted on behalf of the petitioner that he has been

falsely implicated in the instant case.

Learned counsel appearing on behalf of the State opposes the

prayer for anticipatory bail.

We have considered the materials on record including the

medical report of the victim housewife. There is no noting in the

medical report that the victim had been subjected to physical assault

resulting in miscarriage. In view of the aforesaid facts and the nature

of allegations, we are inclined to grant anticipatory bail to the

petitioner.

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. Petitioner shall appear before the court

below 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 court below and furnish an affidavit to that effect within the

time frame mentioned hereinabove.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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