Application Under Section 438CRPC

DISTRICT NORTH 24 PARGANAS
IN THE COURT OF LEARNED DISTRICT AND SESSIONS JUDGE AT

HOWRAH
REF; C.M.C. /2019
IN THE MATTER OF :
An application under section

438 of Cr.P.C.
AND
IN THE MATTER OF
Application in connection with

the Howrah Police station
case No. 358/19 dated
20/09/2019 Under section
420/467/468 Of Indian Penal
Code.
AND
IN THE MATTER OF
1.SAJAL BARMAN
Son of
Reesiding at
2.
Son of
Reesiding at
……………..Petiti
oners /accused
Vs
The state of West Bengal.
The Humble petition on behalf

of the petitioners above
named.
Most Respectfully shweth.
1.That your petitioners are peace loving bonafide and

law abiding citizens of India.
2.That the prosecution story in nutshell is that on

20/09/2019 at 16.15 hrs. the defacto Complainant
Dr. Abhijit Santra, Addl. Chief Medical Supttd. (S)
of Orthopedic Hospital, Eastern Railway, Howrah,
P.S + Dist.- Howrah, made a complaint to the police
station to the effect that on 20/09/2019 at about
12.30 hrs one namely Subhankr Saha, S/O Sri Tapan
Saha of Pabna Colony, P.O + P.S.- Chakdah, Dist-
Nadia arrived at Orthopedic Hospital, Eastern
Railway, Howrah, P.S + Dist.- Howrah and produce a
call letter for medical examination in which
mentioned employment notice no. RRC/Kol/EN-1/2019
Roll No. 109085097 for Group-D Post, during
scrutiny of call letter he noticed that above call
letter is fa ke. After found fake he informed to
RRC/Kol over phone that sent one representative to
said hospital and also informed to RPF/ Howrah for
verifying the said call letter whether fake or not.
Accordingly representative of RRC/Kol arrived at
said hospital
3. lodged a written complaint against Partho Ghosh

and Madhusudhan Chakraborty to that effect that
complainant’s father namely late Santosh Kr. Basu
was allotted the plot no. BK- 110, Salt Lake City,
Kolkata-700091 and from 1978 which is sanctioned by
KMDA, after Complainant’s father passes away the
Complainant received a xrox copy of stamp paper
with an agreement that his father took Rupees 15
Lakhs from one partho ghosh in several times in
different installments to construct the house he
found in stamp paper his father’s signature is
tampered and the signature is almost as the
signature of his father on the original copy of the
sanctioned plan no: 11/BM/3032 dated 13/03/2016 on
5/02/2011 the accused persons received phone number
of partho Ghosh and on selling the said to the
Complainant to come to his office. The said partho
ghosh from last 3 years on more with men and power
made a conspiracy to grab the entire premises of
BK-10 with some false documents. A relative of
partho Ghosh and Madhusudhan Chakraborty ON
14/08/2014 threatened the Complainant over the
phone on the month of August 2014 few people have
dumped bricks sands etc in front of BK-110,
Kolkata-700091. The Complainant with his uncle
reached the premises and a quarrel began with the
Complainant and two FIR named accused and the
accused persons threatened the Complainant with
abusive language.On the basis of the complaint
lodged by the de-facto complainant the police
authority initiated the FIR vide No. East
Bidhannagar Police station case No. 115/14 dated
13/10/2014 Under section 417/419/420/465/467/506
Indian Penal Code has been initiated.
4.That the accused person above has been falsely

implicated into the case and that can be clearly
shown from the complaint itself. The defacto
complainant has tried to frame some false story and
on the basis of that the instant case has been
initiated and as such there is no iota of truth.
5.That your petitioner apprehended that he may be

arrested in connection with the above noted case
which is non bailable and the now petitioner have
no other alternative but to file this application
under section 438 of Cr.P.C. before your Honours
court for obtaining an order of anticipatory bail
on the following other grounds.
G R O U N D S
I) For that your petitioner is totally innocent and

have been falsely implicated into the instant case.
II) For that the complainant has stated all cock n bull
story in his petition of complaint which is self
contradictory per se.
III) For that the other FIR named accused have been arrested and has
obtained bail by the ld. ACJM Court at Bidhannagar on 29/06/2017.
IV) For that the investigating agency has all sort of

cooperation from the investigating agency and there
is no such requirement of custodial interrogation.
V) For that your petitioner is a reputed person of the

society.
VI) For that the accused person has no involvement into

this case and he has been falsely implicated into
this case inspite of the fact that there is no iota
of implication.
VII) For that the accused person has never avoided the
process of law nor he is an absconder. There is no
chance of abscond of the accused person above
named.
VIII) For that the allegations leveled in the

letter of complaint is totally vague and concocted
IX) For that the accused person is no way involved in

this case and he has permanent residence and there
is no chance of absconsion.
X) For that the allegation is concocted and baseless.

As such there is no such allegation against your
petitioner touching any lethal issues .
XI) For that the petitioners will not misuse if granted
bail as they have permanent home with in the
jurisdiction of the Ld.Court.
XII) For that the petitioner has not filled any

application for anticipatory bail neither in this
court nor before the Hon’ble High court nor before
the Apex Court. And no such application is pending
or rejected before any court.
6. That your petitioner cravers leave to agitate

further fact and issue and submits document at the
time of hearing.
Hence it is prayed that Your

Honour would graciously be
pleased to issue rule upon the
state and call for C/D and fix
up a date for hearing and to
grant anticipatory bail u/s
438 of Cr.P.C and in the mean
time to give a direction to
I/C North Bidhannagar
Police station not to arrest
the petitioner till disposal
of the application under
section 438 of cr. P.C for the
ends of justice.
And for this act of kindness your petitioner as in duty

bound and shall ever pray.
AFFIDAVIT
I, PARTHO GHOSH, Son of Sri Bhupesh Ch. Ghosh,
Reesiding at do
hereby state declare and solemnly affirm as follows:
1 that I am the petitioners in the instant application

and I am well conversant with the facts and
circumstances of the application.
2. that I am competent to affirm this affidavit.
That all the statements made in the instant application

are true to the best of my knowledge and belief and
information and the rest are our humble submissions
made before this ld. Court.
---------------------
DEPONENT
IDENTIFIED BY ME
ADVOCATE

Application Under Section 438CRPC

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DISTRICT NORTH 24 PARGANAS

IN THE COURT OF LEARNED DISTRICT AND SESSIONS JUDGE AT

REF; C.M.C. /2019

An application under section

Application in connection with

The state of West Bengal.

The Humble petition on behalf

Most Respectfully shweth.

1.That your petitioners are peace loving bonafide and

2.That the prosecution story in nutshell is that on

3. lodged a written complaint against Partho Ghosh

4.That the accused person above has been falsely

5.That your petitioner apprehended that he may be

I) For that your petitioner is totally innocent and

IV) For that the investigating agency has all sort of

V) For that your petitioner is a reputed person of the

VI) For that the accused person has no involvement into

VIII) For that the allegations leveled in the

IX) For that the accused person is no way involved in

X) For that the allegation is concocted and baseless.

XII) For that the petitioner has not filled any

6. That your petitioner cravers leave to agitate

Hence it is prayed that Your

And for this act of kindness your petitioner as in duty

1 that I am the petitioners in the instant application

2. that I am competent to affirm this affidavit.

That all the statements made in the instant application

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