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Gopal Mandal & Ors vs Unknown on 28 January, 2019


522 28.1.2019

C.R.M.7802 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/09/2018 in
gd connection with Bhaktinagar P.S. Case No.1059 of 2017 dated
19/11/2017 under Sections 498A/313 of the Indian Penal Code.


In the matter of: Gopal Mandal Ors.


Mr. Imtiaz Ahmed
Mr. M.F.A. Begg
Ms. Shaila Afrin
Ms. Sutapa Sarkar
Mr. Kallol Ghosh
…for the petitioners.

Mr. Imran Ali
Md. Kutubuddin
…for the State.

Mr. Arindam Sen
Mr. Sandeep Prasad Shaw
…for the de facto complainant.

The petitioners seek anticipatory bail in connection with Bhaktinagar

P.S. Case No.1059 of 2017 dated 19/11/2017 under Sections 498A/313 of

the Indian Penal Code.

The petitioners make out that the husband of the complainant

committed suicide as he was suffering from depression upon being diagnosed

HIV positive. The petitioners say that unnecessary charges have been brought

against them.

It is submitted on behalf of the State that the victim’s death occurred

later in the evening of the day when he had gone for a daytime meal to the

house of the fourth petitioner.

Considering the circumstances and the material against the

petitioners, there may not be any need to take them into custody as long as

they cooperate with the investigation.

Accordingly, in the event of arrest, the petitioners are directed to be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only) each, with two sureties of Rs.5,000/- (Rupees Five Thousand
Only) each to the satisfaction of the Arresting Officer, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In
addition, the petitioners will report to the Investigating Officer at such time
and place as may be specified by the concerned police officer, till the
investigation is completed.

The petition for anticipatory bail is allowed on the conditions

indicated above.

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

petitioners, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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