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Md. Sahid @ Sahet Hossain & Ors vs Unknown on 4 January, 2018

1

54 04.01.2018
Aloke Court 28 C.R.M. 12845 of 2017
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18.12.2017 in connection
with NJP P.S. Case No.750 of 2017 dated 16.09.2017 under
Sections 498A/304B of the Indian Penal Code.

And

In the matter of: Md. Sahid @ Sahet Hossain Ors.

…Petitioners

Mr. Pravas Bhattacharya
… for the petitioners
Mr. Arijit Ganguly
Mr. Avik Ghatak
… for the State
Partly
allowed
It is submitted on behalf of the petitioners that they are

the in-laws of the victim-housewife and have been falsely

implicated in the instant case.

Learned counsel appearing for the State opposes the

prayer for bail and submits that the prayer for anticipatory bail of

one of the in-laws Md. Dalal had been rejected by this Court.

Having considered the materials in the case diary we find

that petitioner nos. 2, 3, 4 and 5 stand on the same footing as the

co-accused, namely, Md. Dalal whose prayer for anticipatory bail

was rejected by this Court. Hence, we are not inclined to grant

anticipatory bail to them. However, bearing in mind the extent of

complicity of the petitioner nos. 1 and 6 in the alleged crime, we

are inclined in granting anticipatory bail to them.
2

Accordingly, we direct that in the event of arrest, the

petitioner nos. 1 and 6 shall be released on anticipatory bail upon

furnishing 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.

The application for anticipatory bail of petitioner nos. 1

and 6 is, accordingly, allowed.

The application for anticipatory bail of petitioner nos. 2,

3, 4 and 5 is, accordingly, rejected.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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