rkd Ct. No.28 C.R.M. 1207 of 2020
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
In the matter of: Hira Lal Tiwari @ Hiralal Tewary
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
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.)