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Judgments of Supreme Court of India and High Courts

Of 2019 Dated 28.10.2019 Under … vs In Re: Bhupal Rahela & Anr on 18 February, 2020



Sl. No.42
C. R. M. 1755 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 14.02.2020 in connection with Khanakul Police Station Case No. 305
of 2019 dated 28.10.2019 under Sections 498A/304B/34 of the Indian Penal Code.


In Re: Bhupal Rahela Anr.

… … Petitioners
Mr. Niladri Sekhar Ghosh .. Advocate
Ms. Srimoyee Mukherjee .. Advocate
… … for the petitioners

Mr. Swapan Banerjee .. Advocate
Mrs. Purnima Ghosh .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

Petitioner no.2 is the married sister-in-law of the victim-housewife and petitioner

no.1 is her husband. It is submitted on behalf of the petitioners that they did not ordinarily

reside in the matrimonial house of the victim.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of

complicity of the petitioners in the alleged crime in the light of the submission that they did

not ordinarily reside in the matrimonial house of the victim-housewife, we are of the

opinion that custodial interrogation of the accused/petitioners may not be necessary in the

facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Bhupal Rahela (2) Chabita Rahela, be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount

each, to the satisfaction of the arresting officer and also be subject to the conditions as

laid down under Section 438(2) of the Code of Criminal Procedure, 1973. Petitioners shall

appear before the Investigating Officer and hand over their passports, if any, within four

weeks from date. In the event they do not have passports, they shall personally appear

before the Investigating Officer and furnish affidavits to that effect within the time frame

mentioned hereinabove.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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