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Rahul Gupta vs Unknown on 7 June, 2018



RP 99
CRM 3379 of 2018

In Re : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed in connection with Bidhannagar South P.S. Case
No.137 of 2017 dated 13.08.2017 under Section 498A/306/34 of the Indian
Penal Code read with Section 4 of DP Act.


In the matter of : Rahul Gupta
…. Petitioner

Mr. Angshuman Chakraborty, Adv.

Mr. Shasshanka Shekhar Saha, Adv.

….. For the Petitioner

Mr. R. Nandy, Adv.

….. for the State

It is submitted on behalf of the petitioner that the victim

housewife committed suicide 8 years after the marriage.

Learned Advocate for the State produces the case diary and

opposes the prayer for bail.

We have considered the materials on record including the

statement of the minor child recorded under Section 164 CrPC.

Keeping in mind the fact that the suicide occurred 8 years after

marriage which does not attract the statutory presumption under

Section 113A/113B of the Evidence Act, we are of the opinion that

custodial interrogation of the petitioner is not necessary and he may

be granted anticipatory bail.

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

shall be released on 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 and also subject to the conditions

laid down in sub-section (2) of Section 438 of the Code of Criminal

Procedure, 1973 with further condition that he shall meet the

investigating officer once in a week until further orders.

The application for anticipatory bail is, accordingly, allowed.

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

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