rkd Ct. No.28
C.R.M. 4181 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11/04/2019 in
connection with Durgapur P.S. Case No. 483 of 2018 dated
01/10/2018 under Sections 498A /323 /354B /376 /511
/379 /506 /34 of the Indian Penal Code.
In the matter of: Md. Shakil
Mr. K. K. Basu,
Mr. D. Samanta
…for the petitioner.
Mr. S. S. Imamm,
Mr. A. Manna
…for the State.
It is submitted on behalf of the petitioner that there is a
matrimonial dispute between the parties and he has been falsely
implicated in the instant case.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail and submits that the petitioner
had misbehaved with the victim housewife.
Having considered the materials in the case diary and
bearing in mind the nature of allegations in the light of the
aforesaid submission relating to matrimonial dispute, we are of
the opinion that though custodial interrogation of the petitioner
may not be necessary, but his movement requires to be restricted
in order to instill confidence in the mind of the defacto
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 and on further
condition that he shall not enter the jurisdiction of Durgapur
P.S. while on bail until further orders except for attending the
court proceeding and/or investigation and he shall provide the
address where he shall reside while on bail to the investigating
officer as well as the court below and shall meet the Officer-in-
charge of concerned Police Station where he shall reside once in
a week until further orders and on condition that he shall appear
before the court below and pray for regular bail within a fortnight
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)