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Judgments of Supreme Court of India and High Courts

Niranjan Ghosh & Anr vs Unknown on 23 September, 2019

1

23.09.2019

Item no.209
Ct. No.29
CHC
Allowed

C.R.M. No.9075 of 2019

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 20.09.2019 in connection
with Tehatta Police Station Case No.239/2019 dated 18.06.2019
for alleged offence punishable under Sections 498A/313/34 of the
Indian Penal Code.

And

In the matter of:-

Niranjan Ghosh anr.

….Petitioners

Mr. Jayanta Narayan Chatterjee,
Mr. Nazir Ahmed,
Ms. Jayashree Patra,
Mr. Apalak Basu,
Mrs. Pramita Mukherjee
… for the petitioners

Mr. Goutam Wilson
…for the State

This application has been moved by the petitioners

apprehending arrest in connection with Tehatta Police Station

Case No.239/2019 dated 18.06.2019 for alleged offence

punishable under Sections 498A/313/34 of the Indian Penal

Code.

The principal accused in this case has already been enlarged

on anticipatory bail by an order passed on 9th September, 2019 in
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C.R.M.8207 of 2019. The only allegation against the husband

principal accused as also the present petitioners is that the victim

was subjected to abortion against her will. We find from Case

Diary that the said incident happened few years back. The victim

subsequently conceived and she has got a child of eight years

which is not disputed. As nothing directly implicated against the

present petitioners to the commission of the alleged offence, we do

not find any justification for custodial interrogation for them and

we are, therefore, inclined to grant petitioners anticipatory bail.

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

accused/petitioners shall be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees ten thousand only), with two

sureties, to the satisfaction of Arresting Officer and on further

condition that the accused petitioners shall comply with the

conditions in Section 438 (2) of the Code of Criminal Procedure,

1973 and on further condition that petitioners shall ensure their

appearance before the trial Court and obtain regular bail within 15

days from date.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

C.R.M. No.9075 of 2019 stands disposed of.
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A certified copy of this order be immediately made available to

the petitioners subject to compliance of all requisite formalities.

(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)

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