An Application For Anticipatory … vs 1. Abdul Gani @ Momin on 12 April, 2017

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12.04.2017 C.R.M. 2520 of 2017.

Allowed
0
c
In the matter of : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 28th March, 2017.

And
In the matter of : 1. Abdul Gani @ Momin,

2. Mahatab Momin,

3. Kalam Momin and

4. Jiaul Momin @ Md. Jiaul Momin
Petitioners
Mr. Tapan Dutta Gupta
….. For the Petitioners
Mr. Sabir Ahmed
…… For the State

Apprehending arrest in course of investigation of English Bazar Women Police
Station FIR No 275 of 2016 dated 07.11.2016 under Section 498A/307/34 of the Indian
Penal Code read with section 4 of the Dowry Prohibition Act, the petitioners have applied
for anticipatory bail.

ioner no.4. Having heard learned advocates for the parties and perusing the materials in the
case diary, we are of the considered view that complicity of the petitioner no.4, husband
of the victim, cannot be ruled out and that his custodial interrogation is necessary for
effective and meaningful progress of investigation of the FIR. Accordingly, the application
for anticipatory bail of the petitioner no.4, viz. Jiaul Momin @ Md. Jiaul Momin is
rejected.

ners 1,2, 3. While rejecting the application for anticipatory bail of the petitioner no. 4, we are
also of the considered view that custodial interrogation of the petitioners no. 1, 2 and 3,
is not necessary for effective and meaningful investigation of the FIR and that they are
entitled to direction, as prayed for in the application.

CRM 2520 of 2017 stands partly allowed with the direction that in the event of
arrest, the petitioners 1, 2, 3. viz. Abdul Gani @ Momin, Mahatab Momin and Kalam
Momin shall be released on bail upon furnishing bond of Rs.5000/-(Rupees five
thousand) each with two sureties of like amount each, one of whom must be local to the
satisfaction of the arresting officer.

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Certified copy of this order, if applied for, be furnished to the parties on priority
basis.

( Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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