Madhu Bhowmik @ Madhusudan v. STATE OF WEST BENGAL
2011-03-10
KALIDAS MUKHERJEE, MD.ABDUL GHANI
body2011
DigiLaw.ai
JUDGMENT 1. THIS is a second application for anticipatory bail under section 438 of the Code of Criminal Procedure. The learned Counsel appearing for the petitioner submits that the application under section 438 of the Code of Criminal Procedure was earlier rejected, but there has been change of circumstances owing to the fact that the accused and the victim have married each other and the xerox copy of the Marriage Certificate has also been filed. The learned Counsel further submits that the father of the victim and the father of the accused both signed in the Marriage Certificate as the witnesses. 2. THE learned Counsel appearing for the de facto complainant by filing Vakalatnama submits that the victim and the accused have married each other and both are now living happily. The learned Counsel appearing for the State produced the case diary. 3. ON perusal of the Marriage Certificate we find that the marriage took place on January 27, 2011. 4. HAVING regard to the factum of marriage between the victim and the accused and considering the submissions of the learned Counsel appearing for the de facto complainant that both are now living as husband and wife happily, we find that there has been substantial change of circumstances for which we are inclined to grant bail under section 438 of the Code of Criminal Procedure. Accordingly, we direct that in the event of arrest, the petitioner would be released on bail under section 438 of the Code of Criminal Procedure on the following conditions that: (i) the petitioner shall make himself available for interrogation by the Investigating Agency of the case as and when required; (ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; (iii) the petitioner shall not leave India without prior permission of the Court; This application is, thus, disposed of.