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An Application For Anticipatory … vs Debdas Kundu Chowdhury on 30 August, 2019

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7 30.08.2019
ss Allowed
C.R.M. 4862 of 2019

In the matter of : An application for anticipatory bail under Sectionsection 438 of
the Code of Criminal Procedure filed on 12.06.2019 in connection with
Domjur P.S. Case No. 899 of 2018 dated 27.12.2018 under Sectionsections
498A/Section304B/Section201/Section34 of the Indian Penal Code.

And

In the matter of : Debdas Kundu Chowdhury

Mr. Milon Mukherjee, Sr. Adv.,
Mr. Debasish Roy,
Mr. S. B. Roy Chowdhuri
… … for the petitioner
Mr. Rudradipta Nandy
… … for the State

The petitioner seeking anticipatory bail is the father-in-law of the

deceased victim, who committed suicide by hanging after receiving torture,

cruelty and oppression in the hands of her in-laws members. It is

submitted by the learned advocate for the petitioner that this case is a

product of strong matrimonial discord between the deceased victim and

her husband and the father-in-law has been falsely implicated in this case

without any overt act being performed by the husband with regard to the

instant death of the deceased victim.

The charge sheet in this case has already been submitted on

26.02.2019

.

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All the in-laws members, including the husband, are now on bail,

except this petitioner being the father-in-law of the deceased victim.

Learned advocate appearing on behalf of the State raises objection

against the prayer for anticipatory bail drawing our attention to P.M. report

and the statement of the neighbours already collected in course of

investigation.

Upon consideration of the materials already collected in the case diary

and bearing in mind the extent of the complicity of the petitioner, we are of

the considered view that custodial interrogation is no longer needed in this

case.

We, therefore, direct that in the event of arrest the petitioner shall be

released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten

thousand only) with two sureties of Rs. 5,000/- (Rupees five thousand

only) each to the satisfaction of the arresting officer and subject to the

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

Procedure, 1973 and on further condition that the petitioner shall appear

before the Court below and pray for regular bail within four weeks from

date.

The application for anticipatory bail is thus considered and allowed.

(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)
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