Calcutta High Court (Appellete Side)
Indranil Ghosh vs Unknown on 1 November, 2017
1 161/CL 01.11.2017
rrc (Allowed) C.R.M. 9069 of 2017 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
In the matter of : Indranil Ghosh
... petitioner
Mr. Tathagata Majumdar
.....For the petitioner
Mr. Abhishek Sinha
......For the State
Mr. Avik Datta
Syed Julfikar Ali
......For the de-facto
complainant
Apprehending arrest in course of investigation of Bhawanipur Police Station F.I.R. No. 338 dated 23rd July, 2017 under Sections 498A/406/323/325/506/34 of the Indian Penal Code, the petitioner (husband of the victim) has applied for anticipatory bail.
We have heard learned advocates for the parties and perused the materials in the case diary. It appears that although marriage of the victim was solemnized sometime in 2013, she and her husband have drifted apart quite recently. The petitioner has responded to the notice issued under Section 41A of the Code of Criminal Procedure 2 (hereafter the 'Cr.P.C.') and streedhan articles have been seized.
In that view of the matter, we of the opinion that custodial interrogation of the petitioner is not necessary for taking the investigation to its logical conclusion; hence, he is entitled to direction as prayed for in the application.
The application, thus, stands allowed with the direction that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.5,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure. (Rajarshi Bharadwaj, J.) (Dipankar Datta, J.)