CRM 10647 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 15.11.2019 in connection with Ramnagar Police
Station Case No. 102 of 2019 dated 25.04.2019 under Sections
498A/Section304B/Section34 of the Indian Penal Code and Section 4 of the DP Act.
In Re: Mridul Dey Anr.
… … Petitioners.
Mr. Kaushik Choudhury,
Mr. D. Roychoudhury,
Mr. P.K. Goswami
… for the petitioners.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Aniket Mitra
… … for the State.
It is submitted on behalf of the petitioners that the victim committed
suicide due to depression.
Learned lawyer for the State opposes the prayer for anticipatory bail and
submits that the husband of the victim had an illicit affair with petitioner No.2.
Consequently, she committed suicide.
Having considered the materials in the case diary disclosing prima facie
involvement of the petitioner No.2 in the alleged crime, we are not inclined to
grant anticipatory bail to the petitioner No.2.
However, keeping in mind the general and omnibus nature of allegations
and the extent of complicity of petitioner No.1 in the alleged crime, we are
inclined to grant anticipatory bail to the petitioner No.1.
Accordingly, we direct that in the event of arrest, the petitioner No.1 be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand
Only), 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 condition that the petitioner No.1
shall appear before the court below and pray for regular bail within a period of
four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)