In an application for anticipatory bail, the Court held that despite allegations of cohabitation and false promise of marriage, the petitioner did not require custodial interrogation. Bail was allowed with bond conditions and an undertaking to seek regular bail.
Anticipatory bail allowed with bond of Rs.10,000/- and two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
08.09.2023 48 as [Allowed]
C. R. M. (A) 3654 of 2023
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Golabari Police Station Case No. 232 of 2023 dated 22.07.2023 under Sections 417/376 of the Indian Penal Code.
In Re: Md. Abdulla.
… … Petitioner
Mr. S. Das Mahapatra, Mr. S. Basu Roy Chowdhuri.
… … for the petitioner
Mr. Sudip Kumar.
… … for the State
2
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 he shall appear before the court below and pray for regular bail within four weeks from date.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether anticipatory bail should be granted given the allegation of a false promise of marriage and subsequently resiling from such promise.
Whether custodial interrogation is necessary for the progress of investigation in this case.
2 provisions across 1 enactments
Md. Abdulla
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
