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02.12.19
Sl. No.154
akd
[ALLOWED]
C. R. M. 11284 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 29.11.2019 in connection with Samserganj Police Station Case No.
187 of 2018 dated 07.08.2018 under Sections 498A/Section323/Section376/Section34 of the Indian Penal Code.
And
In Re: Nasir Sk. Anr.
… … Petitioners
Ms. Sreyashee Biswas .. Advocate
… … for the petitioners
Mr. Iqbal Kabir .. Advocate
… … for the State
Leave is granted to the learned advocate-on-record for the petitioners to correct
the cause title and amend the same in course of this day.
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that there is delay in lodging the FIR. It
is further submitted that they have been falsely implicated in the instant case over
domestic issue.
Learned advocate appearing for the State opposes the prayer for anticipatory
bail and submits that the petitioners had ravished the victim lady.
We have considered the materials on record. We note that there is some delay
in taking out the application under Section 156(3) of the Code of Criminal Procedure with
regard to the allegation of rape. Keeping in mind the aforesaid facts and circumstances of
the case, 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.
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Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Nasir Sk. (2) Ansar Sk., 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.)
