DISTRICT: SOUTH 24 PARGANAS

IN THE COURT OF LEARNED DISTRICT AND SESSIONS JUDGE, AT

ALIPORE.
Criminal Misc. Case No.7026 of 2018

In the matter of:-

An application under Section 438 of the
Code of Criminal Procedure 1973, with a
prayer for Anticipatory Bail.

-AND-

In the matter of:-

An FIR bearing FIR No. 246 of 2018
dated 06.10.2018 for offence committed
u/s 306/120B I.P.C. lodged with
Parnasree P.S.
-AND-

In the matter of:-

SMT. MOUMITA DAS

....Accused person No. 1
-VS-

The State of Bengal

……Opposite Party

The humble Petition on behalf of the

Accused Person Nos. 2 and 3 in the
above case.

Most Respectfully Sheweth:-

1. That your Petitioners/ Accused Persons are innocent and law abiding

citizens of India having no criminal antecedent whatsoever.

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2. That your Petitioners have been falsely implicated in this matter having

no nexus in the present case.

3. That the allegations levied are baseless and malice after thought.

4. That the Petitioners submit that no such Petition on the same or

similar grounds under Section 438 Cr. P.C. seeking the same reliefs

is pending or rejected by any higher court of law.

5. The facts of the case in short are that the Petitioners have been arraigned

as accused in FIR No.246/2018 dated 06.10.2018 under Section

306/120B IPC, on the basis of a complaint made by Smt. Baby Das

(mother of Abhishek Das, since deceased) (hereinafter referred to as the

“De-facto Complainant”).

6. That the prosecution’s case, as allegedly in brief, is that on 06.10.2018

at about 12:00 hrs. Sri Abhishek Das, s/o Late Krishnendu Das,

husband of the Accused No. 01, resident of 43/1A,B.B. Sengupta Road,

PS - Parnasree, Kolkata- 700034, committed suicide at his own parental

place of residence mentioned hereinabove under the custody of his

mother Smt. Baby Das and his younger brother, consequent to which

the mother of said Abhishek Das, since deceased, with most ulterior

motive and malafide intention lodged a written complaint with Parnasree

P.S. bringing some serious, false, baseless, motivated, concocted,

fabricated and wild allegations against your innocent petitioners with a

view to guard their own mischief and misdeeds.

7. That the allegations brought against your petitioners in the said written

complaint and/or FIR are purely civil in nature and do not constitute any

criminal offence at all.

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8. That the Accused No. 01 since last 2 nd June, 2016, with her minor

female child, being driven away from her matrimonial home, has been

residing separately at her parental place of residence i.e. Accused Nos. 2

and 3 herein. Soon thereafter the Accused No. 01 had lodged an FIR

against her husband, Sri Abhishek Das, since deceased, and her in-laws

i.e. the present de-facto complainant Smt. Baby Das and her younger

son u/s 498A/406/34 IPC with Parnasree P.S. which had been

registered as Parnasree P.S. case No. 253/16 dated 10.06.2016. The said

case has been renumbered as case No. ACGR 3419/2016 and

subsequently transferred to the 2 nd Court of Ld. Judicial Magistrate at

Alipore for disposal.

9. That further on or about 17.08.2016, the said Sri Abhishek Das, since

deceased, being instigated by his mother the present de-facto

complainant, filed a civil suit for divorce against the Accused No. 01 in

the court of Ld. District which is still pending till date (Mat Suit No.

37/2016, 3rd ADJ, Alipore ).

10. In connection with the aforesaid Mat suit, the Accused No.01 filed

a Misc. case vide Misc. case No. 151/2017 for alimony pendentilite for

herself as well as for her minor female child which had even reached at the

stage of argument. Further, there had been other cases, all civil in nature

filed by the two against each other to which the Accused Nos. 02 and 03

had no role to play.

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11. That most shocking part is that the Accused No.1 had received

telephonic call from the Parnasree P.S. on 06.10.2018 at about 7:30

18:00 p.m. (while she was on a tour/ visit to the Andaman along with

her kid, and her parents i.e. Accused Nos. 2 and 3 and others) informing

her about the suicide of the said Abhishek Das who had committed

suicide at his parental place/ home in the custody of his mother Smt.

Baby Das. The Accused No. 01 then informed about it to the Accused

Nos. 2 and 3.

12. That the Accused No.1 had been living separately from her

husband at her parental home from 2 nd June, 2016 till 06.10.2018,

followed by the fact that all the Accused persons were staying at a vast

distance (i.e. at Andaman, a tour scheduled from 01.10.2018 to

09.10.2018) and thus, your petitioners cannot have any role in the

commission of any criminal offences as alleged in the FIR. They were not

even present at any place closer to the place of suicide.

13. That the mother of the deceased/ the defacto-complainant herein

had lodged a false FIR falsely alleging against the accused persons with a

view to guard her as well as her younger son's mischief/ commission of

offence of abetment.

14. That all the allegations brought against your petitioners in the

written complaint and/or FIR are absolutely false and concocted and

your petitioners are in no way connected with the alleged offences at all

and your petitioners are completely innocent.

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15. That it is pertinent to put on record that your petitioners have

been seriously affected/ victimized by the institution of the present false

fake case at the instance of the mother of the deceased/ the present

defacto-Complainant and her younger son.

16. That your petitioners now seriously apprehends that your

petitioners may be arrested at any point of time in connection with the

aforesaid false case lodged at the instance of the deceased's mother and

hence, the present application with a prayer for anticipatory bail.

17. That vour petitioners are a permanent resident of the place that

lies within the territorial jurisdiction of this Ld. Court.

18. That your petitioners undertake to assist the investigating agency

in all possible manner and shall not tamper the evidence nor evade the

trial, if enlarged on Anticipatory bail.

19. The FIR in question is nothing but a gross abuse of the process of law.

20. The Petitioners thus, prefer to move this Application under Section 438

of Cr. P.C. before your Honour’s Court on the following amongst other

grounds:

GROUNDS:-

I. For that the Petitioners are innocent persons, having no knowledge

or nexus with the alleged offence labeled against them.

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II. For that the Petitioners are respected citizens of India and belong

to a very reputed family in their locality, and as such they are in

no way connected with the alleged offence and their liberty is

necessary to defend the case.

III. For that it is submitted by the Petitioners that the allegations

made against them are false, frivolous and vexatious and lack in

the material substance. The accused have nothing to do with the

alleged offences.

IV. For that the said complaint/FIR has been made as an afterthought

with malafide intentions of the De-facto Complainant to guard her

own and her younger son’s mischief and misdeeds. The FIR in

question is nothing but a gross abuse of the process of law.

V. For that it is submitted that the said FIR contains only bald and

baseless allegations of the De-facto Complainant.

VI. For that the Petitioners are law abiding citizens, are innocent and

are ready and willing to submit and cooperate with the police and

their investigation at all given times.

VII. For that it is pertinent to mention here that the said FIR fails to

disclose any case let alone a prima facie case against the

Petitioners and has been filed with the sole intent to harass and

coerce the Petitioners and subjugate them to immense mental

trauma and to defame them. Therefore, the question of the

Petitioners involvement in any of the alleged offences does not and

cannot arise at all.

VIII. For that the Petitioners are law abiding and highly respected

members of society and have never made any attempt whatsoever

to evade the due process of law.

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IX. For that no prima facie offence is made out from a perusal of the

present FIR. It is clearly evident that the De-facto Complainant and

the investigating agency are abusing the process of law to harass

and persecute the Petitioners beyond the process of law as

available to the De-facto Complainant/ investigating agency.

X. For that the Petitioners are not absconders or proclaimed offenders

and have no intention of making themselves unavailable for any

investigation whatsoever. The Petitioners have every intention of

participating in the ongoing investigation.

XI. The Hon’ble Supreme Court has held in catena of decisions that

bail is the rule and jail is the exception and refusal of bail is a

restriction on the personal liberty of an individual guaranteed

under Article 21 of the Constitution.

XII. For that, personal liberty is the most important fundamental right

guaranteed by the Constitution. Furthermore, it is the

fundamental principle of criminal jurisprudence that every

individual is presumed to be innocent till he or she is found guilty.

An order granting bail u/s 438 IPC, to the Petitioners would not

take away, either directly or indirectly, any power or right from the

police or the Ld. Court to investigate/ prosecute the allegations, if

any, against the Petitioners.

XIII. For that no prejudice would be caused to the De-facto

Complainant by grant of relief to the Petitioners and the Petitioners

would be prevented from suffering unnecessary harassment and

humiliation. Otherwise, the Petitioners shall suffer irreparable loss

and injury.

XIV. For that it cannot in any manner be apprehended that the

Petitioners would either abscond or tamper with evidence, or

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influence witnesses and hence the custody of the Petitioners is not

necessary for the conduct of the present investigation/

trial/inquiry. The Petitioners undertake not to abscond or tamper

with evidence, or influence witnesses in this case.

XV. Further that, the Accused No. 1 herein i.e. the principal accused

has been granted anticipatory bail u/s 438, IPC, by the Learned

Court on 04.12. 2018.

XVI. Further, that the Petitioners are old and feeble and are suffering

from infirm health. Their medical conditions are deteriorating

which can be life threatening. They need rigorous and continuous

medical assistance and have been receiving treatment and

medications on a regular basis.

XVII. For that the Petitioners crave leave to produce more grounds and

salient points as well as all relevant documents, at the time of

hearing of this application.

XVIII. For that this application has been made bona fide for the ends of

justice.

It is, therefore, prayed that Your

Honour may graciously be pleased to
allow this petition and grant an
anticipatory bail to the Petitioners and
direct that in the event of arrest in
connection with Parnasree P.S. case
No. 246/2018 dated 06.10.2018 (for
offence u/s 306/120B IPC) your
petitioners shall be forthwith released
on bail and further be pleased to pass
such other necessary order or orders,
for the ends of justice.
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And for this act of kindness your Petitioners as in duty bound shall ever pray.

A F F I D A V IT

I, SRI SANAT DAS, S/o Late Radhsnath Das, aged about 59 years, by faith–

Hindu, Nationality- Indian, by occupation- Service, residing at Diamond

Residential Complex, PIN-743503, P.S.-Bishnupur, District South 24 Parganas

do hereby solemnly state and affirm as follows : -

1. That I am the Tadbirkarak/ Petitioner / Accused No. 02 of this

case and am well conversant with the facts and circumstances of

the case.

2. That no Petition under Section 438 Cr. P.C. is pending or rejected

by the Hon’ble High Court or any higher Court of Law.

3. That the statements made above are true to the best of my

knowledge and belief.

------------------------

DEPONENT

Identified by me
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Advocate