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Tapoti Mete & Anr vs Unknown on 2 September, 2019


68 02.09.2019
rkd Ct. No.28 C.R.M. 7610 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/08/2019 in
connection with Nanoor P.S. Case No. 111 of 2019 dated
18/06/2019 under Sections 498A/Section302/Section304B of the Indian
Penal Code and under Sections 3/4 of the D.P. Act.

And

In the matter of: Tapoti Mete Anr.

….petitioners.

Mr. S. Sarkar
…for the petitioners.

Mr. Saswata Gopal Mukherjee, P.P.,
Mr. A. Mitra
…for the State.

Petitioner nos. 1 2 are the aunts-in-law and petitioner no.3 is

the sister-in-law respectively of the victim housewife and they have

been falsely implicated in the instant case.

Learned counsel appearing on behalf of the State opposes the

prayer for anticipatory bail and submits that the petitioners along with

other accused persons tortured the housewife and set her on fire.

Having considered the materials on record and bearing in mind

the extent of complicity of the petitioners in the alleged crime as

appearing from the dying declaration of the victim recorded at page 54

of the case diary and as the petitioners do not appear to be the

principal accused who set her on fire, we are inclined to grant

anticipatory bail to them.

In the event of arrest, the petitioners shall be released on bail

upon furnishing a Bond of Rs. 10,000/- 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 and on further condition that they shall

appear before the court below and pray for regular bail within four

weeks from date.

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

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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