C.R.M. 6547 of 2019
In the matter of : An application for anticipatory bail under Sectionsection 438 of
the Code of Criminal Procedure filed on 23.07.2019 in connection with
Nischinda P.S. Case No. 53 of 2019 dated 31.03.2019 under Sectionsections
498A/Section302/Section34 of the Indian Penal Code.
In the matter of : Sanjay Dutta
… … petitioner
Mr. Suman De
… … for the petitioner
Mr. Swapan Banerjee,
Ms. Purnima Ghosh
… … for the State
It is submitted on behalf of the petitioner that the victim
committed suicide due to depression and he has been falsely implicated
in the instant case.
Learned counsel appearing for the State opposes the prayer of
We have considered the materials on record including the
statement of the daughter of the couple recorded under Sectionsection 164
Cr.P.C. It is a matter to be decided at the appropriate state of the
proceeding whether the conduct of the petitioner towards his wife would
amount to abetment of suicide or not. However, bearing in mind the fact
that the incident occurred nine years after marriage and the statutory
presumption under Sectionsection 113A of the Indian Evidence Act is not
attracted in the facts of the case, we are inclined to grant anticipatory
bail to the petitioner.
Accordingly, we 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 like amount 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 meet the investigating
officer once in a week until further orders and shall appear before the
Court below and pray for regular bail within four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)