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Charge Sheet No. 159 Of 2018 Dated … vs In Re on 24 July, 2018

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24.7.2018
31

Bail Allowed

CRM No. 4999 of 2018
In Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 18.7.2018 in connection with
Nandakumar Police Station Case No.91/2018 dated 20.03.2018
corresponds to G.R. No. 507/2018 under Section 498A of the Indian
Penal Code and Section 4 of the Dowry Prohibitionx Act in terms of the
Charge Sheet no. 159 of 2018 dated 17.06.2018 ;

And
In Re:-

Asish Maji and another
… Petitioners
Mr. Sabir Ahmed, Advocate
Md. Kutubuddin, Advocate
Mr. Hillol Saha, Advocate
..for the Petitioners

Mr. Imran Ali, Advocate
Mr. M.F.A. Begg, Advocate
.. for the State

The petitioners seek anticipatory bail in connection with

Nandakumar Police Station Case No.91/2018 dated 20.03.2018

corresponds to G.R. No. 507/2018 under Section 498A of the Indian

Penal Code and Section 4 of the Dowry Prohibition Act in terms of the

Charge Sheet no. 159 of 2018 dated 17.06.2018.

The petitioners are the father-in-law and the sister of the husband of

the victim who committed suicide within four years of her marriage and

the names of the petitioners are among several indicated in her diary as

persons who demanded more dowry after the marriage.

The State opposes the prayer on the ground that if anticipatory bail is

granted to these petitioners, it might impel the husband and the mother-

in-law who are in custody to obtain bail.

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According to the State, given the fact that the victim was so

pressurised that she was compelled to commit suicide within four years of

her marriage, the persons named in her diary or those against whom

statements may have been made by the witnesses should not be spared.

The State is perfectly justified. However, such consideration will arise

at the trial and the sentence that may be passed if the accused are

convicted of the charges levelled against them. No good grounds have

been shown for arresting these petitioners, particularly since the charge-

sheet has been filed and the charge against the petitioners is only under

Section 498A of the Code of Criminal Procedure and not under Section

306 thereof.

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, one of whom must be local, to the satisfaction of

the Investigating 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 on a regular basis and any default on the

part of the petitioners or either of them will entitle the trial court to cancel

the bail against the defaulter without reference to this Court.

The petition for anticipatory bail is allowed on the conditions

indicated above.

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A certified copy of this order be immediately made available to the

petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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