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Judgments of Supreme Court of India and High Courts

Imran Ali Khan & Anr vs Unknown on 1 February, 2018

1

55 01.02.2018
C.R.M. 817 of 2018
Aloke Court 28

In Re : An application for anticipatory bail under Section 438
of the Code of Criminal Procedure filed on 29.01.2018 in
connection with Garhbeta P.S. Case No.11 of 2018 dated
05.01.2018 under Sections 498A/323/313/307/34 of the
Indian Penal Code and Sections 3 and 4 of the Dowry
Prohibition Act.

And
In the matter of: Imran Ali Khan Anr.

…Petitioners

Mr. Suman Das Adhikari
… for the petitioners

Mr. Subrata Ray
… for the State

Partly It is submitted on behalf of the petitioners that they
allowed
have been falsely implicated in the instant case.

Learned counsel for the State opposes the prayer for

bail.

We have considered the materials on record and in view

of the prima facie involvement of the petitioner no. 1 in

assaulting the victim which is supported by medical evidence,

we are not inclined to grant anticipatory bail to him. However,

bearing in mind the extent of complicity of the petitioner no. 2

in the alleged crime and the fact that she is a lady, we are

inclined to grant anticipatory bail to her.

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

petitioner no. 2 shall be released on anticipatory bail upon
2

furnishing bond of Rs.10,000/-(Rupees Ten Thousand only)

with two sureties of like amount, 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 is, partly allowed.

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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