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Judgments of Supreme Court of India and High Courts

542 Of 2018 Dated 14.12.2018 Under … vs In Re: Vivekananda Ghosh @ … on 2 April, 2019

1

02.04.19

Sl. No.56
akd
[ALLOWED]
C. R. M. 3650 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 28.03.2019 in connection with Berhampore Police Station Case No.
1542 of 2018 dated 14.12.2018 under Sections 498A/302/34 of the Indian Penal Code.

And

In Re: Vivekananda Ghosh @ Bibekananda Ghosh
… … Petitioner

Mr. Diptendu Banerjee .. Advocate
… … for the petitioner

Mr. Rudradipta Nandy .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that he is the father-in-law of the victim-

housewife and that he has been falsely implicated in the instant case. It is further

submitted that the victim-housewife committed suicide due to depression.

Learned advocate for the State produces the case diary and opposes the prayer

for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of

complicity of the petitioner in the alleged crime and in the light of the aforesaid submission

made on behalf of the petitioner with regard to cause of suicide of the victim, we are of the

opinion that custodial interrogation of the accused/petitioner may not be necessary in the

facts of the present case and he may be granted anticipatory bail.

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

Vivekananda Ghosh @ Bibekananda Ghosh, be released on bail upon furnishing a
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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 further

condition that he shall appear before the court below and pray for regular bail within a

fortnight from date.

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

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

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