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Judgment
Arindam Lodh, J
Heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. K. Deb, learned counsel appearing for the accused-applicants. Also heard Mr. Raju Datta, learned P.P. appearing for the respondent-State.
The accused-applicants have filed the present application for releasing them on anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, since they are under serious apprehension that they will be arrested in connection with Bodhjungnagar Police Station case no.2024 BJN 063 registered under Sections 85/80(2)/49/3(5) of BNS.
Mr. Datta, learned P.P. has produced the case diary and drawn my attention to the statements of the victim recorded in the dying declaration.
I have gone through the said dying declaration. Having gone through the statements made in the declaration, I do not find any such statements which would reveal that just before the incident the victim was somehow abetted or tortured by her parents-in-law. She did not make any statement in the declaration against her husband. The only statement which is made against her parents-in-law is that they always tried to create an environment which might have disrupted their peaceful conjugal life and that too before their separation from the common mess.
It is established proposition of law that bail is a rule, rejection is an exception. Considering the nature of the present case, according to me, the principle that bail is a rule can be applied for ends of justice. This is not the stage of punishment. The accused-applicants shall face the trial where actual state of facts will be elicited.
Considering the statements made in the dying declaration, I am inclined to confirm the interim bail granted to the accused-applicants by this Court vide order dated 07.01.2025.
Accordingly, it is ordered that in the event of arrest, the accused-applicants shall be released on bail on furnishing a bond of Rs.25,000/- each with one surety each of like amount each to the satisfaction of the arresting authority. It is further ordered that the accused-applicants shall appear before the Investigating Officer as and when they are called for and shall co-operate with the process of investigation to be carried out before the Investigating Officer.
The instant anticipatory bail application, accordingly, stands allowed and disposed.