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Judgment
16 paragraphs · 318 wordsCRAN 3553 of 2020 is treated as on day's list. Petitioners undertake to affirm and stamp the petition/application as per Rules within one month of
resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
It is submitted on behalf of the petitioners that the victim committed suicide by hanging.
Learned lawyer for the State opposes the prayer for anticipatory bail.
We have considered the materials on record including the post mortem report which shows that the victim died due to hanging. In the facts of the
case, the cause of death appears to be suicidal. Accordingly, the allegation of homicidal death requires to be adjudicated in the backdrop of the
attending facts and circumstances of the case at the appropriate stage of the proceeding. Keeping in mind the general and omnibus nature of
allegations and as the instant case occurred nine years after marriage, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners namely (1) Niyati Pal @ Niyati Rani Pal (2) Pankaj Paul (3) Joytsna Paul @ Pal (4)
Manoranjan Paul @ Pappu (5) Shibani Paul @ Shilpi (6) Biswajit Pal (7) Anjana Paul @ Anjana Rani Pal (8) Anil Ghose @ Anil Kumar Ghose and
(9) Indrani Ghose nee Paul be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like
amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Procedure, 1973.
Accordingly, application for anticipatory bail being CRM 5246 of 2020 is disposed of.
The application being CRAN 3553 of 2020 is also disposed of. The parties shall act in terms of the copy of the order downloaded from the official
website of this court.
