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10.07.2019
tkm/ct 28 C.R.M. 5916 of 2019
sl no. 99
In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 9.7.2019 in connection with
Nabadwip P.S case no. 130 of 2019 dated 16.4.2019 under Sectionsections
498A/Section306/Section34 of the IPC
and
Allowed
In Re : Parimal Ghosh Ors. …… petitioners
Mr. A. Basu
Ms. P Basu
Ms. S. Basu
Mr. S. Chakraborty
…… for the petitioners
Mr. Abhra Mukherjee
Mr. D. Mahata
…… for the State
Heard the learned advocates appearing for the respective
parties.
It is submitted on behalf of the petitioners that the incident
occurred nine years after marriage and they have been falsely
implicated in the instant case.
Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the victim housewife was
tortured for demand of money and ultimately committed suicide.
Having considered the materials in the case diary and
bearing in mind the nature of allegations and as the incident
occurred nine years after marriage and as the statutory
presumption under Sectionsection 113A of the Evidence Act are not
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attracted in the facts of the case, we are inclined to grant bail to
the petitioners.
Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of
Rs. 10,000/- 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 Sectionsection 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the
petitioner no. 1 shall meet the investigating officer once in a wek
while on bail until further orders and shall appear before the
court below and pray for regular bail within four weeks from date.
The application being CRM 5916 of 2019 is disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)