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Judgments of Supreme Court of India and High Courts

Case No.614 Of 2018) vs In Re: Tapas Biswas & Ors on 4 April, 2019



Sl. No.39
C. R. M. 3737 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 02.04.2019 in connection with Dhantala Police Station Case No. 138 of
2018 dated 24.04.2018 under Sections 498A/307/34 of the Indian Penal Code. (G.R.
Case No.614 of 2018)


In Re: Tapas Biswas Ors.

… … Petitioners
Mr. Sananda Bhattacharyya .. Advocate
… … for the petitioners

Mr. Imran Ali .. Advocate
Ms. Sutapa Banerjee .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

Having considered the materials on record disclosing prima facie involvement of

the petitioner no.1 in assaulting the victim-housewife resulting in injuries which is

supported by medical evidence, we are not inclined in granting anticipatory bail to the

accused/petitioner no.1 herein.

Accordingly, the prayer for anticipatory bail of the accused/petitioner no.1

namely, (1) Tapas Biswas is rejected.

However, keeping in mind the extent of complicity of the petitioner nos.2 3

herein i.e. the parents-in-law of the victim-housewife in the alleged offence and the fact

that the allegation of assault by petitioner no.2 appears to be an exaggerated effort to

rope in her in-laws in the alleged offence, we are of the opinion that custodial interrogation

of the accused/petitioner nos.2 3 is not necessary in the facts of the present case and

they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner nos.2

3 namely (2) Amal Biswas @ Amal Chandra Biswas (3) Parthana Biswas, be

released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each,

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 they 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.)

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