CRM 885 of 2020
In Re: An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 21.01.2020 in connection with
Khanakul P.S. Case No.313 of 2019 dated 05.11.2019 under
Sections 498A/406/34 of the Indian Penal Code.
In Re: Utpal Adak
… … Petitioner.
Mr. N.S. Ghosh
… for the petitioner.
Ms. S. Banerjee
… … for the State.
It is submitted on behalf of the petitioner that he has been
falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for anticipatory
bail and submits that the victim was driven out of the matrimonial
home and her minor child has been taken away from her.
Having considered the materials on record and bearing in mind
the nature of allegations, we are of the opinion though custodial
interrogation of the petitioner is not necessary, the petitioner requires
to cooperate with the investigation in accordance with law.
Accordingly, we direct that in the event of arrest, the petitioner
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 the petitioner shall
meet the investigating officer once in a week until further orders and
on condition that the petitioner shall appear before the court below
and pray for regular bail within a period of four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)