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Judgments of Supreme Court of India and High Courts

Narayan Pal vs Unknown on 3 January, 2018

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74 03.01.2018
Aloke Court 28 C.R.M. 14 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 02.01.2018 in connection
with Chandannagar P.S. Case No.183 of 2017 dated 23.11.2017
under Sections 498A/323/354B/313 of the Indian Penal Code
and Sections 3/4 of the Dowry Prohibition Act.

And

In the matter of: Narayan Pal
…Petitioner

Mr. Sanjib Kr. Dan
… for the petitioner
Mr. Sudip Ghosh
Mr. Apurba Kr. Datta
… for the State
allowed

Petitioner submits that he is the father-in-law of the

victim and has been falsely implicated in the instant case which

was registered in retaliation to a matrimonial suit filed by the

husband against the victim-wife.

Learned counsel appearing for the State opposes the

prayer for bail.

We have considered the materials on record and bearing

in mind the nature of allegations in the light of the aforesaid

submissions on behalf of the petitioner and the fact that the

medical papers relating to miscarriage relate to an incident in

2015, we are of the opinion that custodial interrogation of the

petitioner may not be necessary in the facts of the case and
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petitioner may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the

petitioner shall be released on anticipatory 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

and also subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973.

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.)

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