sg Ct. No.28 C.R.M. 1671 of 2018
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
(Allowed) Procedure filed on 13.03.2018 in connection with Matigara P.S. Case No. 700 of 2017
dated 22.11.2017 under Sections 498A/494 of the Indian Penal Code.
Vickey Jaiswal @ Vicky Jaiswal
State of West Bengal
Mr. Sumanta Chakraborty, Adv.
…for the petitioner.
Mr. Rudradipta Nandi, Adv.
…for the State.
It is submitted on behalf of the petitioner that there was a scuffle
between the parties over a matrimonial dispute and he has been falsely
implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail.
We have considered the materials on record and we find that the
allegation of physical assault is not supported by medical evidence and bearing
in mind the nature of allegations, we are of the opinion though custodial
interrogation of the petitioner may not be necessary and he may be granted
anticipatory bail, however, subject to strict conditions.
In the event of arrest, the petitioners shall be released on bail upon
furnishing a Bond of Rs. 10,000/- with two sureties of like amount to the
satisfaction of the arresting officer and subject to condition that he shall not
enter the Matigara Police Station except for attending the investigating agency
and shall inform the address where he shall reside to the investigating agency
and the court below until further order and also subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)