Calcutta High Court (Appellete Side)
CRM-7651-2017 on 5 September, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 123 05.09.2017
C.R.M. 7651 of 2017 CL PG Re : An application for anticipatory bail under Section 438 of Court No.3 the Code of Criminal Procedure filed on 04.08.2017. In re : Sajal Kumar Sardar....................petitioner Mr. Sekhar Kumar Basu Mr. Soubhik Mitter Mr. Prajnadeepta Roy .......for the petitioner Mr. Aniket Mitra...............for the State Apprehending arrest in course of investigation of Domjur Police Station F.I.R. No. 1090 of 2016 dated 17.12.2016 under sections 498A/506/354A/354B/34 of the Indian Penal Code, the petitioner (father-in- law of the defacto complainant) has applied for anticipatory bail.
It appears that the marriage between the defacto complainant and the son of the petitioner was solemnized on 21.10.2011. The petitioner appears to have lodged a complaint against the defacto complainant on 29.07.2016, giving rise to Domjur Police Station F.I.R. No. 694 of 2016 dated 29.07.2016 under sections 448/427/506/37 of the Indian Penal Code. This was followed by institution of a suit for divorce by the husband of the defacto complainant on 25.11.2016. As a counterblast to the aforesaid proceedings, the defacto complainant lodged a complaint pursuant whereto the present F.I.R. has been registered.
Having heard learned advocates for the parties and on perusal of the materials in the case diary, more particularly the statement of the defacto complainant recorded under section 164 of the Code of Criminal Procedure, 1973 (hereafter the 'Cr.P.C.'), we are of the considered opinion that personal liberty of the petitioner need not be curtailed at this stage for facing custodial interrogation and it is a fit and proper case for making direction, as prayed for by him.
2Accordingly, it is directed that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five Thousand) only with two sureties of like amount one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions laid down in sub-section (2) of Section 438 of the Cr.P.C.
The application is, thus, disposed of.
(DIPANKAR DATTA, J.) (DEBI PROSAD DEY, J.)