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11.03.19

Sl. No.142
akd
[ALLOWED]
C. R. M. 2771 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 07.03.2019 in connection with Raina Police Station Case No. 175 of
2018 dated 20.09.2018 under Sections 498A/306/34 of the Indian Penal Code. (G.R.
Case No. 2894 of 2018)

And

In Re: Nasir Dewan @ Nasiruddin Dewan
… … Petitioner

Mr. Robiul Islam .. Advocate
… … for the petitioner

Mr. Sandip Chakraborty .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that his wife committed suicide eight

years after marriage and that he has been falsely implicated in the instant case.

Learned advocate for the State produces the case diary and opposes the prayer

for anticipatory bail.

We have considered the materials on record including the statements of the

witnesses recorded under Section 161 of the Code of Criminal Procedure. While some of

the witnesses have made general and omnibus allegations, other witnesses claimed that

the petitioner had married for the second time and as a consequence the victim-housewife

committed suicide. It is a matter to be decided in the course of trial whether the conduct of

the petitioner constitutes an act of abetment for commission of suicide particularly in the

absence of statutory presumption under Section 113A of the Evidence Act. In the light of

the aforesaid facts, we are of the opinion that custodial interrogation of the
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accused/petitioner may not be necessary in the facts of the present case and he may be

granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Nasir Dewan @ Nasiruddin Dewan, 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 also be subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition

that he shall appear before the court below and pray for regular bail within a fortnight from

date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)