CRM 1602 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed in connection with Tehatta P.S. Case No.56 of
2018 dated 02.02.2018 under Sections 498A/323/325/307/120B/34 of
the Indian Penal Code.
In the matter of : Sanjay Mistri
Mr. Anghsuman Chakraborti, Adv.
….. For the Petitioners
Mr. S.S. Imam, Adv.
Mr. Rajib Jana, Adv.
….. for the State
It is submitted on behalf of the petitioner that there is a
matrimonial dispute and the petitioner is being falsely implicated in
a series of criminal cases over such issue.
Learned Advocate for the State produces the case diary and
opposes the prayer for anticipatory bail.
Having considered the materials in the case diary and keeping
in mind the nature of allegations in the light of the aforesaid
submissions made on behalf of the petitioner, we are of the opinion
that custodial interrogation of the petitioner may not be necessary
for the progress of investigation and he may be granted anticipatory
Accordingly, we direct that in the event of arrest of the
petitioner he shall be released on 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 laid down in sub-section (2) of Section 438 of the
Code of Criminal Procedure, 1973 and on further condition that he
shall not enter the jurisdiction of Tehatta Police Station until further
orders without express permission of the Court below except for
attending the police station and he shall provide address where he
will presently reside to the investigating officer as well as the Court
below and he shall report to the Officer-in-Charge, Tehatta Police
Station once in week until further orders..
The application for anticipatory bail is, thus, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)