C. R. M. 10921 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 21.11.2019 in connection with Hemtabad Police Station Case No. 48 of
2019 dated 23.03.2019 under Sections 498A/Section307/Section34 of the Indian Penal Code.
In Re: Ibrahim Ali Ors.
… … Petitioners
Ms. Minoti Gomes .. Advocate
… … for the petitioners
Mrs. Debjani Sahu .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
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. It is further submitted that
the principal accused i.e. the husband of the victim has been enlarged on bail.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the extent of
complicity of the petitioners in the alleged crime and as the principal accused i.e. the
husband of the victim has been enlarged on bail, 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) Ibrahim Ali, (2) Aklema Khatun, (3) Arjena Khatun, (4) Enamul Haque
(5) Samsul Haque, 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.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)