rkd Ct. No.28 C.R.M. 2757 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/03/2019 in
connection with Singur P.S. Case No. 50 of 2019 dated
10/02/2019 under 498A/323/307/406 of the Indian Penal
In the matter of: Sandip Sen Ors.
Mr. Sekhar Kumar Bose
…for the petitioners.
Mr. A. Jana,
Mr. S. Chatterjee
…for the defacto complainant.
Mr. A. Ganguly,
Mr. S. K. Dan
…for the State.
It is submitted on behalf of the petitioners that the victim housewife
had left the matrimonial home in August, 2018 and the instant case was
belatedly registered in February, 2019. It is further submitted that the
petitioners have been falsely implicated in the instant case.
Learned counsel appearing on behalf of the State opposes the prayer
for anticipatory bail.
Learned counsel appearing on behalf of the defacto complainant
opposes the prayer for anticipatory bail and submits that the victim had been
subjected to physical assault on earlier occasions and had to be medically
We have considered the materials on record. Although on medical
reports relating to the injuries on the victim housewife on earlier occasions
have been placed on record, no contemporaneous document/F.I.R. was
registered by the defacto complainant with regard to such incident. There is
considerable delay in lodging the F.I.R. and the allegation of attempting to set
her on fire is not supported by medical papers. In the aforesaid facts and
circumstances of the case, particularly the delay in lodging F.I.R., we are of
the opinion that though custodial interrogation of the petitioners may not be
necessary, but the movement of petitioner no.1 requires to be restricted in
order to prevent recurrence of similar offences and instill confidence in the
mind of the defacto complainant.
In the event of arrest, the petitioners shall be released on
bail upon furnishing a Bond of Rs. 10,000/- 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 petitioner no.1 shall remail with the
jurisdiction of Arambagh P.S. while on bail until further orders
except for attending court proceeding and/or investigation and
petitioner no.1 shall meet the Officer-in-charge of Arambagh
Police Station once in a week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)