AB Court 28
C.R.M. 2642 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Monteswar
P.S. Case No.304 of 2018 dated 3.12.2018 under Sections 498A
302/34 of the Indian Penal Code
In the matter of : Sahadeb Ghosh
Mr. Sourav Chatterjee,
Ms. Arpita Basu …for the Petitioner.
Mr. S.G.Mukherjee, Ld.PP,
Mr. Aniket Mitra …for the State.
It is submitted on behalf of the petitioner that he is the
brother-in-law of the victim housewife and has been falsely
implicated in the instant case.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing
in mind the statement of the daughter of the victim girl recorded
under Section 164 Cr.P.C. relating to the extent of complicity of
the petitioner in the alleged crime, we are of the opinion that
custodial interrogation of the petitioner is not necessary and he
may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioner shall 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 and on further
condition that he shall appear before the court below and pray
for regular bail within a fortnight from date.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Manojit Mandal, J.) (Joymalya Bagchi, J.)