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Chhaya Senapati vs Unknown on 29 March, 2019

1

113 29.03.2019 C.R.M. 3636 of 2019
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 28.03.2019 in connection with
PIngla P.S. Case No. 51 dated 25.02.2019 under Sections
498A/363/302/506/34 of the Indian Penal Code.

And

In the matter of: Chhaya Senapati
…Petitioner
Mr. Ayan Bhattacharya
Mr. O. Ebhi
Mr. N.C. Saha
… for the petitioner
Mr. Saswata Gopal Mukherjee, ld. P.P.
Mr. Aniket Mitra
… for the State

It is submitted on behalf of the petitioner that the victim is the
Allowed
paramour of the husband of the petitioner and she has been falsely

implicated in the instant case.

Learned counsel for the State opposes the prayer for anticipatory

bail.

Having considered the materials on record including the history of

assault as noted in the medical papers appearing at page 71 and 72 of the

case diary which discloses suicidal burns due to torture by husband, we are

inclined to grant anticipatory bail to the petitioenr.

Accordingly, we direct that in the event of arrest, the petitioner

shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten

Thousand only) with two sureties of like amount each, to the satisfaction of

the arresting officer also be subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973 and she shall appear

before the court below and pray for regular bail within a fortnight from date.

The application for anticipatory bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied for, be

supplied expeditiously after complying with all necessary legal formalities.

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