C.R.M. 10570 of 2019
In Re.: An application under Section 438 of the Code of Criminal
Procedure filed on 14.11.2019 in connection with Kaliaganj Police
Station Case No. 215 of 2019 dated 18.09.2019 under Sections
498A/Section497/Section323/Section328/Section34 of the Indian Penal Code and under Sections
3/Section4 of the Dowry Prohibition Act.
In Re : Mainul Hoque Ors. ….. petitioners
Mr. Ranadeb Sengupta,
Mr. Pronojit Roy
… for the petitioners
Mr. Shiladitya Banerjee
… for the State
It is submitted by the learned Counsel appearing for the
petitioners that they have been falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail and submits that petitioner no. 1 poured kerosene oil
on the victim and tried to kill her.
Having considered the materials on record prima facie
disclosing involvement of petitioner no. 1 , husband of the victim
housewife, in attempting to kill her resulting in her hospitalisation, we
are of the opinion that custodial interrogation of petitioner no. 1 is
necessary and this is not a fit case in granting anticipatory bail to him.
The application for anticipatory bail in so far as petitioner no. 1
concerned is, thus, rejected.
However, keeping in mind the extent of complicity of the
petitioners no. 2 and 3 in the alleged crime, we are inclined to grant
anticipatory bail to them.
Accordingly, we direct that in the event of arrest the petitioners
no. 2 and 3 shall be released on bail upon furnishing a bond of
Rs.10,000/- 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 a period of four weeks
Accordingly application for anticipatory bail is allowed so far as
petitioners no. 2 and 3 are concerned.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)