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498A/306/34 Of The Ipc vs Allowed on 10 July, 2019

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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.)

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