C.R.M. No. 1810 of 2020
In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed
on 14.02.2020 in connection with Farakka Police Station Case No. 21 of 2020 dated 21.01.2020 under
Section 498A of the Indian Penal Code.
In Re: Kalyan Kumar Sarkar ……… petitioner
Ms. Minoti Gomes
…for the petitioner
Mr. Pratick Bose
…. for the State
It is submitted by the learned Counsel appearing for the
petitioner/husband of the victim housewife that he has been falsely
implicated in the instant case in retaliation to an earlier matrimonial suit
instituted by the husband of the victim housewife.
Learned Counsel appearing for the State opposes the prayer for
Having considered the materials on record and bearing in mind the
general and omnibus nature of allegations against the petitioner/husband
and in the light of the submission that the present case has been filed
after institution of matrimonial suit of the petitioner/husband, we are
inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall
be released on bail upon furnishing a bond of Rs.10,000/-, 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 conditions that the
petitioner shall meet the investigating officer once in a week until further
orders and shall appear before the investigating officer and hand over his
passport, if any, within two weeks from date. In the event he does not
have passport, he shall personally appear before the investigating officer
and furnish affidavit to that effect within the time frame mentioned
This application for anticipatory bail is, thus, allowed.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)