C. R. M. 1971 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 15.02.2019 in connection with Tufanganj Police Station Case No. 353
of 2018 dated 10.09.2018 under Sections 498A/302/304B/34 of the Indian Penal Code.
In Re: Jogendra Gope Anr.
… … Petitioners
Mr. Soumya Majumder .. Advocate
Mr. Victor Chatterjee .. Advocate
… … for the petitioners
Mr. Rudradipta Nandy .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that they are in the in-laws of the
victim-housewife and that they have been falsely implicated in the instant case. It is
further submitted that co-accused persons are on regular bail.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the petitioner no.1 had misbehaved with the victim-housewife.
We have considered the materials on record. We find that the allegation of
misbehaviour by the petitioner no.1 is significantly absent in the FIR lodged by the father
of the victim. Other allegations against the petitioners are general and omnibus. In view of
the aforesaid facts and the extent of complicity of the petitioners in the alleged crime, we
are of the opinion that custodial interrogation of the accused/petitioners may not be
necessary in the facts of the present case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Jogendra Gope (2) Smriti Gope be released on bail upon furnishing a
bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 they 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.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)