High CourtsDivision Bench

Niyati Pal @ Niyati Rani Pal And Ors. vs State

Calcutta High Court · Decided on 7 August 2020 · Citation: (2020) 08 CAL CK 0026

HON’BLE JUDGES
Abhijit Gangopadhyay, J · Joymalya Bagchi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 5246 Of 2020, Criminal Application No. 3553 Of 2020
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Judgment

16 paragraphs · 318 words

CRAN 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.