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Judgments of Supreme Court of India and High Courts

2019 Dated 05.09.2019 Under … vs In Re: Kalyan Chatterjee & Anr on 1 November, 2019



Sl. No.32
C. R. M. 9316 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 25.09.2019 in connection with Mejia Police Station Case No. 108 of
2019 dated 05.09.2019 under Sections 498A/Section304B/Section302 of the Indian Penal Code.

In Re: Kalyan Chatterjee Anr.

… … Petitioners
Mr. Soumik Ganguli .. Advocate
… … for the petitioners

Mr. Madhusudan Sur .. Ld. Addl. Public Prosecutor
Mr. Manoranjan Mahata .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they are the in-laws of the victim-

housewife and did not share the matrimonial home with her. It is further submitted that the

allegations against them are general and omnibus in nature.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the victim-housewife suffered unnatural death within four years of marriage.

Having considered the materials on record and bearing in mind the general and

omnibus nature of allegations levelled against the petitioners and in view of the

submission that they resided separately from the victim-housewife, we are of the opinion

that custodial interrogation of the accused/petitioners may not be necessary in the facts of

the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Kalyan Chatterjee (2) Babli @ Kankana Chatterjee, be released on bail

upon furnishing a 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 be subject

to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and on further condition that they shall appear before the court below and pray for

regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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