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Sahosen Sekh @ Sahassain Sk. & Ors vs Unknown on 5 June, 2018

1

05.06.2018

Ct.28
RP 85
CRM 3294 of 2018

In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed in connection with Kandi P.S. Case No.56 of
2018 dated 15.02.2018 under
Section 498A/304B/302/34 of the Indian
Penal Code corresponding to GR Case No.177 of 2018.

And

In the matter of : Sahosen Sekh @ Sahassain Sk. Ors.

…. Petitioners

Mr. Manas Kumar Das, Adv.

….. For the Petitioners

Mr. S.G. Mukherjee, Ld. P.P.

Ms. Sreeparna Das, Adv.

….. for the State

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 Advocate for the State produces the case diary and

opposes the prayer for bail. He further submits that there was an

affair between the husband of the victim and the petitioner no.2 and

as a result the victim housewife was murdered.

Having considered the materials in the case diary and keeping

in mind the extent of complicity of the petitioners no.1 and 3 in the
2

alleged crime, we are of the opinion that the petitioners no.1 and 3

may also be granted anticipatory bail. However bearing in mind the

prima facie involvement of the petitioner no.2 in the alleged crime

and the fact that there are allegations that the petitioner no.2 had

an illicit relationship with the principal accused, we are of the

opinion that her custodial interrogation is necessary for the

investigation of the case. Hence, prayer for anticipatory bail of the

petitioner no.2 is rejected.

Accordingly, we direct that in the event of arrest the

petitioners no.1 and 3 shall be released on 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 laid down in sub-section

(2) of Section 438 of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly, partly

allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
3

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