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Judgments of Supreme Court of India and High Courts

2019 Dated 17.03.2019 Under … vs In Re: Ekram Ali & Ors on 23 July, 2019

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23.07.19

Sl. No.85
akd
[ALLOWED]
C. R. M. 6458 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 22.07.2019 in connection with Pukhuria Police Station Case No. 99 of
2019 dated 17.03.2019 under Sections 498A/Section302/Section201/Section120B of the Indian Penal Code.

And

In Re: Ekram Ali Ors.

… … Petitioners

Mr. Kallol Mondal .. Advocate
Mr. Musharraf Alam Sk. .. Advocate
Mr. Krishan Ray .. Advocate
Ms. Amrita Chel .. Advocate
Mr. Souvik Das .. Advocate
Mr. Anamitra Banerjee .. Advocate
… … for the petitioners

Mr. Madhusudan Sur .. Ld. Addl. Public Prosecutor
Mr. Manoranjan Mahata .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

Petitioners are the in-laws of the victim-housewife. It is submitted on behalf of

the petitioners that the victim-housewife was suffering from epilepsy and had died due to

drowning. It is further submitted that there is considerable delay in lodging FIR.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the body of the victim was recovered after five days and injuries were found

on her body.

We have considered the materials on record in the light of the rival submissions

relating to the cause of death of the victim-housewife. There is also some delay in lodging

FIR. Keeping in mind the aforesaid facts and the extent of complicity of the petitioners in
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the alleged crime, we are of the opinion that custodial interrogation of the

accused/petitioners may not be necessary in the facts of the present case and they may

be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Ekram Ali, (2) Robeda Bibi, (3) Anowara Bewa @ Anuwara Bewa (4)

Entaj Ali @ Intaj Ali, be released on bail upon furnishing a 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 be subject to the conditions as laid down under Section 438(2)

of the Code of Criminal Procedure, 1973 and on further condition that they 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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