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Judgments of Supreme Court of India and High Courts

(Corresponding To G.R. Case No. … vs In Re on 19 September, 2018

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19.9.2018
10

Allowed
md.

CRM No. 7303 of 2018
Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 6.9.2018 in connection with
Asansol (South) Police Station Case No.223/2018 dated 14.07.2018
under Sections 498A/306/506/34 of the Indian Penal Code
(corresponding to G.R. Case No. 1861 of 2018).

And
In Re:-

Chandana Pal and others
… Petitioners
Mr. Somnath Banerjee, Advocate
Mr. Pronojit Roy, Advocate
..for the Petitioners

Mr. Aditishankar Chakraborty, Advocate
Mrs. Sutapa Banerjee, Advocate
.. for the State

The petitioners seek anticipatory bail in connection with Asansol

(South) Police Station Case No.223/2018 dated 14.07.2018 under

Sections 498A/306/506/34 of the Indian Penal Code (corresponding to

G.R. Case No. 1861 of 2018).

The petitioners are the parents-in-law, married sister-in-law, a

brother-in-law and the son of the sister-in-law, who claim not to have

been involved in the incident which led to the death of the victim, some

six years after her marriage.

The husband is in custody.

The State produces the case diary and it appears from the post-

mortem report that the death may have been suicidal in nature.

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There is no eye witness to the incident which led to the death of

the victim. There are general allegations of demand of dowry and

torture. However, these do not directly link the petitioners to the death

of the victim.

Accordingly, in the event of arrest the petitioners will be

granted bail upon furnishing security 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 Arresting Officer, subject to the conditions as laid down in

Section 438 (2) of the Code of Criminal Procedure, 1973.

In addition, the petitioners will also report to the Investigating

Officer at such time and place as may be specified by the concerned

police officer.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

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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