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Judgments of Supreme Court of India and High Courts

2019 Dated 05.07.2019 Under … vs In Re: Rezaul Biswas on 5 November, 2019



Sl. No.2
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.)

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