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Judgments of Supreme Court of India and High Courts

Barun Pal And Another vs The State Of West Bengal on 31 July, 2018

1

Serial No.46.

July 31, 2018.

SG
Allowed
CRM 5297 of 2018

In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.

In the matter of:

Barun Pal and another

-versus-

The State of West Bengal

Mr D. Das Gupta
… for the petitioners.

Ms Sreeparna Das
… for the State.

The petitioners seek anticipatory bail in connection
with Mayureswar Police Station Case No.190 of 2017 dated
August 4, 2017 under Sections 498A/304B/302/34 of the
Indian Penal Code and 3/4 D.P. Act.

The petitioners claim that they were not involved in the
incidents leading up to the victim committing suicide. The
first petitioner is the brother of the victim’s husband and the
second petitioner is the wife of the first petitioner.

The State submits that the charge-sheet has been
submitted and there are witness statements on the torture
inflicted on the victim.

Since there do not appear to be any specific allegations
against these petitioners and the fact that the investigation
has been completed, it may not be necessary to take the
petitioners into custody at the moment.

Accordingly, in the event of arrest, the petitioners are
directed to be released on bail upon furnishing bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each, with two
sureties of Rs.5,000/- (Rupees Five Thousand Only) each,
2

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 court regularly
on each and every occasion unless prevented by sufficient
cause.

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. )

( Abhijit Gangopadhyay, J. )

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