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Sandhya Medda vs Unknown on 19 March, 2019

1

115 19.03.2019 C.R.M. 3284 of 2019
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 15.03.2019 in connection with
Domjur P.S. Case No.579 of 2017 dated 06.07.2017 under
Sections
498A/
304B/34 of the Indian Penal Code adding Section 302 of the
Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act .

And

In the matter of: Sandhya Medda
…Petitioner
Mr. Arun Naskar
… for the petitioner
Mr. Rudradipta Nandy
… for the State

This subsequent application for anticipatory bail was filed in

view of the fact that another co-accused has been granted pre-arrest
Allowed
bail after the rejection of similar prayer of the petitioner by this Court.

We have considered the materials on record and in our

considered opinion grant of pre-arrest bail to co-accused who is

similarly circumstanced with the petitioner after the rejection of

similar prayer of the petitioner is an extenuating change in

circumstance justifying review of the earlier order rejecting her prayer

for pre-arrest bail.

Keeping in view the aforesaid fact and the extent of complicity

of the petitioner in the alleged crime and that co-accused who is

similarly circumstanced with the petitioner has been granted

anticipatory bail, we are inclined to grant anticipatory bail to the

petitioner also.

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 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 and she shall appear before the

court below and pray for regular bail within a fortnight from date.

The application for anticipatory bail is, accordingly, allowed.
2

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

supplied expeditiously after complying with all necessary legal

formalities.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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