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112 25.07.2019
ss Allowed
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.

And

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

anticipatory bail.

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
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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.)