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Judgments of Supreme Court of India and High Courts

2019 Dated 26.07.2019 Under … vs In Re: Sukumar Malik & Ors on 18 September, 2019

1

18.09.19

Sl. No.94
akd
[PARTLY
ALLOWED]
C. R. M. 8439 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 16.09.2019 in connection with Raina Police Station Case No. 209 of
2019 dated 26.07.2019 under Sections 498A/Section328/Section307/Section34 of the Indian Penal Code.

And

In Re: Sukumar Malik Ors.

… … Petitioners
Mr. Uday Sankar Chattopadhyay .. Advocate
Mr. Santanu Maji .. Advocate
Ms. Payel Shome .. Advocate
… … for the petitioners

Mr. Arijit Ganguly .. Advocate
Mr. Nirupam Dhali .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

Having considered the materials on record disclosing prima facie involvement of

the petitioner no.3 in assaulting the daughter of the de-facto complainant, we are of the

opinion that this is not a fit case to grant anticipatory bail to him.

Accordingly, the prayer for anticipatory bail of the accused/petitioner no.3

namely, (3) Chandu Malik is rejected.

However, in view of the extent of complicity of the petitioner nos.1, 2 4 in the

alleged crime and as the possibility of their false implication owing to family dispute

cannot be wholly ruled out, we are of the opinion that custodial interrogation of the

petitioner nos.1, 2 4 is not necessary in the facts of the present case and they may be

granted anticipatory bail.

2

Accordingly, we direct that in the event of arrest, the accused/petitioner nos.1, 2

4 namely (1) Sukumar Malik, (2) Chhabita Malik (4) Kakali Malik, be released on

bail upon furnishing 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.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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