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02.01.2020

Sl No.39
AP
CRM 12389 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 23.12.2019 in connection with Garhbeta P.S. Case
No. 602/2019 dated 09.11.2019 under Sections
498A/Section323/Section447/Section325/Section341/Section307/Section506/Section34 of the Indian Penal Code.

And
In Re: Arman Sha Ors.

… … Petitioners.

Mr. Suman Das Adhikary
… for the petitioners.

Mr. Imran Ali,
Ms. Seema Biswas
… … for the State.

It is submitted on behalf of the petitioners that they are husband and in-

laws of the de facto complainant and they have been falsely implicated in the

instant case

Learned counsel appearing on behalf of the State opposes the prayer for

anticipatory bail.

Having considered the materials on record disclosing prima facie

involvement of the petitioner No.1 in the alleged crime, we are not inclined to

grant anticipatory bail to the petitioner No.1.

However, keeping in mind the extent of complicity of the petitioner Nos. 2

to 4 in the alleged crime, we are inclined to grant anticipatory bail to the

petitioner Nos. 2 to 4.

Accordingly, we direct that in the event of arrest, the petitioner Nos. 2 to 4

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 condition that the
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petitioner Nos. 2 to 4 shall appear before the court below and pray for regular

bail within a period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)