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
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
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
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
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.)