Ms. X v. Debjit Das And ANR.

27.08.2024 Sl No.223 Court No. 29 TN CRM (DB) 2368 of 2024 In Re:- An application under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439(2) of the Code of Criminal Procedure, 1973.

And In the matter of: Ms. X .... petitioner Mr. Sayan Sachin Basu, Ms. Sriya Adhikary, Mr. Abhijit Adhikari ....for the petitioner

1. This is an application for cancellation of bail. Although the learned Advocate for the petitioner contends that the opposite party no.1 has physically exploited the petitioner on promise to marry, few documents considered by the learned trial court and forming a part of the case diary would show that the parties have identified themselves as husband and wife. It was the specific case of the accused petitioner that the victim is the housewife.

2. In fact, during abortion, the petitioner was identified as the husband of the victim. The petitioner also had a history of two previous miscarriages.

3. It was on such consideration, the learned trial court granted anticipatory bail.

4. We do not find any reason to cancel the anticipatory bail.

5. Accordingly, this application is rejected.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)