C. R. M. 9509 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 26.09.2019 in connection with Dhubulia Police Station Case No. 175 of
2019 dated 05.07.2019 under Sections 498A/Section307/Section34 of the Indian Penal Code.
In Re: Rezaul Biswas
… … Petitioner
Mr. Sandipan Ganguly .. Sr. Advocate
Mrs. Juin Dutta Chakraborty .. Advocate
Mr. Debnarayan Patra .. Advocate
… … for the petitioner
Mr. Imran Ali .. Advocate
Ms. Sima Biswas .. Advocate
… … for the State
Pursuant to our earlier direction, Investigating Officer is personally present
before this court. His presence is noted and dispensed with.
It is submitted on behalf of the petitioner that he was not present at the time of
Learned advocate appearing for the State opposes the prayer for anticipatory
bail and submits that the in-laws attempted to kill the victim-housewife by setting her on
Having considered the materials on record and keeping in mind the extent of
complicity of the petitioner, who was not present at the place of occurrence, in the alleged
crime, we are of the opinion that custodial interrogation of the accused/petitioner may not
be necessary in the facts of the present case and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Rezaul Biswas, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
thousand only), with two sureties of like amount each, to the satisfaction of the arresting
officer and also be subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and on further condition that he shall appear before the
court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)