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Babulal Sk. & Ors vs Unknown on 7 January, 2019

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M/L No.72
C.R.M. 11372 of 2018
07.01.2019

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12/12/2018 in
connection with Purbasthali P.S. Case No. 206/2018 dated
23/06/2018 under Sections 498A/304B/302/34 of the Indian
Penal Code.

And

In the matter of: Babulal Sk. Ors.

….petitioners.

Mr. Debasish Chatterjee
Ms. Kakali Chatterjee

…for the petitioners.

Mr. Saibal Bapuli
Mr. Bibaswan Bhattacharya

…for the State.

The petitioners seek anticipatory bail in connection with

Purbasthali P.S. Case No. 206/2018 dated 23/06/2018 under

Sections 498A/304B/302/34 of the Indian Penal Code.

The State produces the document said to be the dying

declaration.

The victim succumbed to her burn injuries about three

years after her marriage.

Though the dying declaration does not refer to the

petitioner nos.4 and 5, the statement refers to the petitioner nos.

1, 2 and 3 and to the husband of the victim.

The State says that the charge-sheet has been filed.

Ordinarily, the petitioner nos. 1,2 and 3 would not be

entitled to anticipatory bail, but the charge-sheet has already

been filed. At this stage, there may not be any use to take any of

the petitioners into custody. However, the petitioner nos. 1, 2

and 3 will not leave the State without obtaining the prior

permission of the trial court.

Accordingly, in the event of arrest, the petitioners are

directed to be released on bail upon furnishing a bond of
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Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties

of Rs.5,000/- (Rupees Five Thousand only) each, one of whom

must be local, to the satisfaction of the Arresting Officer, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will attend

the trial on every day that the matter is fixed and any default on

the part of the petitioners will entitle the trial court to cancel the

bail without reference to this Court.

The petition for anticipatory bail is allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioners, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)
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