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Prakash Das vs Unknown on 5 June, 2018

62 05.06.2018
C.R.M. 2922 of 2018
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 16.05.2018 in connection
with Nanoor P.S. Case No. 85 of 2018 dated 06.05.2018 under
Section 306 of the Indian Penal Code.

And

In the matter of: Prakash Das
…Petitioner

Mr. Debabrata Dasgupta
… for the petitioner
Mr. S.S. Imam
Mr. S. Kundu
… for the State
Mr. Haradhan Mondal
… for the de facto complainant
allowed
It is submitted on behalf of the petitioner that he has

been falsely implicated in the instant case and that there is no

suicidal note implicating the petitioner in the alleged crime.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the de facto complainant opposes the

prayer for bail and submits that the petitioner is a married man

and was implicated in an earlier case under Section 498A of the

Indian Penal Code.

We have considered the materials on record. We find that

the victim who was a major girl and had an affair with the

petitioner. Such relationship was not approved by her father.

Under such circumstances, she committed suicide.

The earlier criminal case registered against the petitioner
relates to a different state of facts and circumstances.

In view of the aforesaid facts including the circumstance

that the victim did not leave behind any suicidal note implicating

the petitioner, we are of the opinion that though custodial

interrogation of the petitioner may not be necessary, the petitioner

requires to cooperate with the investigation in accordance with

law.

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

petitioner shall be released on anticipatory bail upon furnishing

bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties

of like amount, to the satisfaction of the arresting officer on

condition that petitioner shall meet the investigating officer once

in a week until further orders and also subject to the conditions

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

Procedure, 1973.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied for,

be supplied expeditiously after complying with all necessary legal

formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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