C.R.M. 5604 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 01.07.2019 in connection
with Kurseong P. S. Case No.45 of 2019 dated 14.03.2019 under
Sections 498A/Section306 of the Indian Penal Code.
In the matter of : Barun Agarwal Ors.
Mr. Sekhar Basu, Sr. Adv.,
Mr. Soubhik Mitter,
Mr. Antarikhya Basu,
Ms. Arushi Rathore.
…for the Petitioners.
Mr. Rudradipto Nandi.
…..for the State.
Liberty is granted to the learned Advocate of the petitioner to
correct the cause title and body of the application.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that the incident
occurred 14 years after marriage and there is inordinate delay in
lodging the first information report.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that prayer has been made on behalf of the
investigating agency to discharge petitioner nos.2 and 3. There are,
however, materials against the petitioner no.1 that he abetted
suicide to his wife.
We have considered the materials on record including the
post mortem report. There are marks of abrasions on the chin of
the victim. However, it is relevant to note that the incident
occurred 14 years after marriage and the statutory presumption
under Section 113A of the Evidence Act is not attracted in this
case. There is considerable delay in lodging the first information
report. Keeping in mind the aforesaid facts and circumstances of
the case, we are of the opinion that custodial interrogation of the
petitioners may not be necessary and they may be granted
Accordingly, we direct that in the event of arrest the
petitioners viz., Barun Agarwal, Deoraj Agarwal and Sabitri
Agarwal shall be released on bail upon furnishing a bond of
Rs.10,000/- each 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 No.1 shall meet
the investigating officer once in a week until further order and the
petitioners shall appear before the trial court and pray for regular
bail within a fortnight from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)