ANANDA GOPAL SAHA Vs. STATE OF WEST BENGAL
LAWS(CAL)-1995-11-7
HIGH COURT OF CALCUTTA
Decided on November 02,1995

ANANDA GOPAL SAHA Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) Let the matter be treated as on day's list.
(2.) The claim of the petitioners is pivoted on Section 438 of the CRPC craving for an anticipatory bail in connection with Bolpur Police Station Case No. 189 of 1995 dated 13-9-95, initiated under Section 498A/404B of the Indian Penal Code. The petitioners are vocal in support of their claim for anticipatory bail that they are innocent of the allegations in regard to offences in question. But by the reason of their relationship with the husband of the deceased, they have been hauled up to cheer the ego of the investigating agency being oblivious of the fact that the petitioners are all living in a different place from the place of occurrence. 2-A. In amplifying the submission, Mr. Bose appearing for the petitioners has assiduously claimed that separate residence of the petitioners expose the infirmity of the allegation. It has been magnified by the investigating agency as an engine of oppression.
(3.) To petter all doubt, Mr. Bose has made the separate residence as the spring-board to secure the anticipatory bail which has been studiously held back by the investigating agency, the principal object of which is to rope in the petitioners. The separate residence, according to Mr. Bose cannot constitute any offence of torture and dowry death. The investigation agency has conjured up a plan to bring the petitioners to its knees under the umbrella of the offence alleged to have been committed by them.;


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