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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs Allowed on 20 February, 2019

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20.02.2019
tkm/ct 28 C.R.M. 2083 of 2019
sl no. 130

In Re : An application for anticipatory bail under section 438 of the Code
of Criminal Procedure filed on 20.2.2019 in connection with Lalgola P.S
case no. 670 of 2018 dated 27.9.2018 under
sections 498A/306/34 of the
Indian Penal Code
And
Allowed
In Re : Dilip Das …… petitioner

Mr. A. A. Alamgir
…… for the petitioner
Mr. Rana Mukherjee
Mr. S. Chatterjee
…… for the State

Heard the learned advocates appearing for the respective

parties.

It is submitted on behalf of the petitioner that the incident

occurred eight years after marriage. Petitioner is the husband of the

sister in law of the victim and did not reside in the matrimonial

home of the victim.

Learned lawyer for the State opposes the prayer for

anticipatory bail and submits that the petitioner is a neighbour to

the matrimonial home of the victim and had conspired with other

accused persons to subject the victim to torture who ultimately

committed suicide.

Having considered the materials in the case diary and bearing

in mind the nature of allegations in the light of the aforesaid

submissions made on behalf of the petitioner and as the victim
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committed suicide eight years after marriage and statuary

presumption under section 113 A of the Evidence Act is not

attracted in the facts of the case, we are inclined to grant

anticipatory bail to the petitioner.

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

petitioner shall be released on bail upon furnishing a bond of Rs.

10,000/- with two sureties of like amount each, to the satisfaction

of the Arresting Officer and also subject to the conditions as laid

down under section 438(2) of the Code of Criminal Procedure, 1973

and on further condition that the petitioner shall appear before the

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

The application being CRM 2083 of 2019 is disposed of.

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

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