C. R. M. 2566 of 2020
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 05.03.2020 in connection with Harishchandrapur Police Station Case
No. 36 of 2020 dated 15.01.2020 under Sections 498A/324/325/313/34 of the Indian
Penal Code. (G.R. Case No.112 of 2020)
In Re: Asraf Ali
… … Petitioner
Ms. Minoti Gomes .. Advocate
Mr. Kalidas Saha .. Advocate
… … for the petitioner
Ms. Sreeparna Das .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that he is the husband of the victim-
housewife and has been falsely implicated in the instant case. It is further submitted that
previously the victim filed a petition against the petitioner under Section 125 of the Code
of Criminal Procedure which was followed by the instant complaint.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of
allegations and in view of the fact that there is no prima facie material against the
petitioner in respect of Section 313 of the Indian Penal Code, we are of the opinion that
custodial interrogation of the accused/petitioner may not be necessary in the facts of the
present case and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Asraf Ali, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
thousand only), 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 Investigating Officer
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 Investigating Officer 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.)