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Judgments of Supreme Court of India and High Courts

Shephali Das @ Sefali Das & Anr vs Unknown on 3 January, 2018

1

88 03.01.2018
Aloke Court 28 C.R.M. 12687 of 2017
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 14.12.2017 in connection
with Alipurduar P.S. Case No.579 of 2017 dated 09.11.2017
under Sections 498A/302 of the Indian Penal Code.

And

In the matter of: Shephali Das @ Sefali Das Anr.

…Petitioners

Mr. Sourav Chatterjee
Mr. Aniruddha Bhattacharya
… for the petitioners

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Ms. Sreeparna Das
… for the State
allowed
Postmortem report is placed on record wherefrom it

appears that victim died due to burn injuries. However, no dying

declaration of the victim had been recorded as she was not in a

position to make a statement.

Learned counsel appearing for the State opposes the

prayer for bail.

We have considered the materials in the case diary and in

view of the fact that the victim suffered unnatural death after 13

years of her marriage and in view of the fact that the petitioners

who are the parents-in-law of the victim resided separately from

the couple, we are of the opinion that custodial interrogation of

the petitioners may not be necessary in the facts of the case and

they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the

petitioners shall be released on anticipatory bail upon furnishing

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 subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly,
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allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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