Calcutta High Court (Appellete Side)
448/376/511/325/326/34 Of The Indian ... vs In Re : Akbar Mondal on 4 February, 2019
1
04.02.2019
63
sdas
Allowed
C.R.M. 384 of 2019
In Re:- An application under Section 438 of the Code of Criminal
Procedure filed on 09.01.2019 in connection with Jalangi Police
Station Case No. 747 of 2018 dated 16.11.2018 under Sections
448/376/511/325/326/34 of the Indian Penal Code.
And
In Re : Akbar Mondal ...... petitioner
Ms. Minoti Gomes
.....for the petitioner
Mr. Sandip Chakraborty
....for the State
Learned Counsel appearing for the petitioner submits that the petitioner is the father-in-law of the victim housewife and has been falsely implicated in the instant case due to matrimonial dispute.
Learned Counsel appearing for the State opposes the prayer for bail.
Having considered the materials on record and in view of the facts and circumstances of the case, we are of the opinion although custodial interrogation of the petitioner may not be necessary in the facts of the case but movement of the petitioner requires to be restricted to instill confidence in the mind of the victim. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with 2 two sureties of like amount each, to the satisfaction of the arresting officer and also 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 not enter the jurisdiction of Jalangi Police Station until further orders except for attending the investigating agency and he shall provide his present address to the investigating officer as well as the Court below. He shall meet the officer-in-charge of the concerned police station where he shall reside while on bail once in a week until further orders.
This application for anticipatory bail is, thus, allowed. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.) 3 C.R.M. 11960 of 2017 In Re:- An application under Section 438 of the Code of Criminal Procedure filed on 28.11.2017 in connection with Jagatballavpur Police Station Case No. 263 of 2017 dated 01.11.2017 under Sections 376/511 of the Indian Penal Code.
And In Re : Aslam Ali Sk. @ Aslam Sk. ...... petitioner Mr. Kallol Mondal, Ms. Amrita Chel .....for the petitioner Mr. N. P. Agarwala ....for the State Learned Counsel appearing for the petitioner submits that he has been falsely implicated in the instant case and the allegations are patently absurd and inherently improbable.
Learned Counsel appearing for the State opposes the prayer for bail.
We have considered the materials in the case diary and bearing in nature of allegations in the light of the aforesaid submission made by the learned Counsel appearing for the petitioner, we are of the opinion although custodial interrogation of the petitioner may not be necessary in the facts of the case but movement of the petitioner requires to be restricted to instill confidence in the mind of the victim. 4