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Barun Agarwal & Ors vs Unknown on 4 July, 2019





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.

… Petitioners.

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

anticipatory bail.

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.)

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