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Offences Punishable Under … vs In Re:- Dilip Ghosh & Ors on 18 September, 2018

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9.2018
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b.

CRM No. 6828 of 2018
In Re:- An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 28.8.2018 in connection with Samuktala Police
Station Case No. 188/2018, dated 14.8.2018 registered for investigation into
offences punishable under Sections 498A/304B of the Indian Penal Code, 1860.

And
In Re:- Dilip Ghosh Ors.

… Petitioners

Mr. Sandip Chakraborty
Mr. Arijit Ghosh
.. for the petitioners

Mr. Arijit Ganguly
Ms. Sujata Das
..for the State

The petitioners seek anticipatory bail in connection with Samuktala

Police Station Case No. 188/2018, dated 14.8.2018 registered for

investigation into offences punishable under Sections 498A/304B of the

Indian Penal Code, 1860.

The petitioners are the relatives of the husband of the victim.

The husband remains arrested.

The State produces the case diary and refers to the statements of some

of the neighbours. There are general allegations of these petitioners inflicting

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torture on the victim. However, the victim was found hanging and the post-

mortem report indicates the victim may have committed suicide.

Considering the extent of these petitioners’ involvement in the incident

which led to the death of the victim, it may not be necessary for these

petitioners to be taken into custody at this moment.

Accordingly, in the event of arrest, the petitioners will be granted bail

upon furnishing security of Rs.10,000/- (Rupees ten thousand only) each,

with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of

whom must be local, to the satisfaction of the Arresting Officer, subject to

the conditions as laid down in Section 438 (2) of the Code of Criminal

Procedure, 1973. In addition, the petitioners will also report to the

Investigating Officer at such time and place as may be specified by the

concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions as

indicated above.

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

petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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