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.
In the matter of: Chhaya Senapati
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
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
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.)