Calcutta High Court (Appellete Side)
498A/506/406/34 Of The Indian Penal ... vs In Re: Avishek Ghosh & Ors on 23 April, 2019
1 23.04.2019
Sl. No.63 A Polley [ALLOWED] C. R. M. 4417 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22.04.2019 in connection with AJC Bose Botanic Garden Police Station Case No. 42/19 dated 07.04.2019 under Sections 498A/506/406/34 of the Indian Penal Code.
And In Re: Avishek Ghosh & Ors.
... ... Petitioners
Mr. S. Pachhal
Mr. S. Gooptu
Mr. A.N. Naskar
Mr. S. Sen
... ... for the petitioners
Mr. R. Jana
... ... for the State
Heard the learned advocate appearing for both the parties. It is submitted on behalf of the petitioners initially the parties had resolved their matrimonial dispute and filed an application for divorce on mutual consent. Subsequently, instant criminal case has been registered only to harass and humiliate the petitioners.
Learned advocate for the State opposes the prayer for anticipatory bail and submits that the petitioners have not cooperated with the investigation.
Having considered the materials in the case diary and bearing in mind the nature of allegations and in the light of the aforesaid submission made on 2 behalf of the petitioners, we are of the opinion that the petitioners may be granted anticipatory bail, however, subject to certain conditions.
Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 they shall meet the Investigating Officer once in a week until further orders and they shall appear before the court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, allowed. (Manojit Mandal, J.) (Joymalya Bagchi, J.)