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Judgments of Supreme Court of India and High Courts

Nabakumar Dolai vs State Of West Bengal on 19 July, 2018


96 19.07.2018

C.R.M. 4916 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17.07.2018 in connection with Debra P.S. Case No. 352/2017 dated
12.07.2017 under Sections 498A/332/324/326/313/354A/406/506/34 of the Indian Penal Code
(Allowed) and Sections 3 and 4 of the D.P. Act.

Nabakumar Dolai
State of West Bengal

Mr. Bhaskar Hutait, Adv.

…for the petitioner.

Mr. Navanil De, Adv.

…for the State.

Liberty to correct the cause title.

It is submitted on behalf of the petitioner that he is the brother-in-law

of the victim housewife and the allegations against him are out and out false.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials on record and bearing in mind the

nature of allegations of alleged molestation are bereft of material particulars as

to date, we are of the opinion that though custodial interrogation may not be

necessary, his movements require to be restricted in order to instill confidence

in the mind of the de-facto complainant.

Accordingly, we direct that 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, to the satisfaction of the arresting officer and also subject to the

conditions as laid down under Section 438(2) of the Code of Criminal

Procedure, 1973 and on further condition that the petitioner shall not enter the

jurisdiction of Pingla Police Station except for the purpose of attending court

proceedings and shall intimate the address where he will presently reside to the

investigating agency as well as the court below and shall appear before the

court below and pray for regular bail within a fortnight from date.

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

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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