Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
22.07.2021.
623.
Akd/As
(Allowed)
C.R.M. 1133 of 2021
(Via Video Conference)
In Re:- An application for anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with
Beldanga P.S. Case No.538 of 2019 dated 21.11.2019 under
Sections 498(A)/494/302/34 of the Indian Penal Code.
In the matter of : Ajarul Sk. @ Ajarul Sekh Ors.
… Petitioners.
Mr. Anisur Rahaman,
Ms. Sarwar Jahan.
…..for the Petitioners.
Mr. Saibal Bapuli, ld. A.P.P.,
Mr. Arijit Ganguly,
Mr. Sanjib Kr. Dan.
…..for the State.
Apprehending arrest in connection with Beldanga P.S.
Case No.538 of 2019 dated 21.11.2019 under Sections
498(A)/494/302/34 of the Indian Penal Code, the petitioners
have filed the instant application for anticipatory bail.
The instant anticipatory bail has been taken out by four
petitioners jointly who are the members of the husband’s
family in connection with the aforementioned case on the plea
that the husband of the deceased victim lady had already been
enlarged on bail on 5.6.2020 by the learned District and
Sessions Judge, Murshidabad in Crl. Misc. Case No.1645 of
2020. It is further submitted that the charge sheet has already
been submitted and the petitioners have been shown to have
allegedly committed an offence under Sections 498A and 34 of
the Indian Penal Code, whereas the husband of the deceased
2
victim lady has been charged under Sections 498A/302 of the
Indian Penal Code.
The State opposes prayer for bail and could not dispute
that the husband of the deceased victim lady had already been
enlarged on bail by the learned District and Sessions Judge,
Murshidabad.
Since the petitioners have been charged under Section
498A of the Indian Penal Code and as no ingredients of Section
302 of the Indian Penal Code was found against them, we do
not think that custodial interrogation of the petitioners is at all
necessary.
Accordingly, we direct that in the event of arrest the
petitioners, viz., 1) Ajarul Sk @ Ajarul Sekh, 2) Najrul Sk @
Najrul Haque, 3) Jhanai Sk @ Janarul Hoque and 4) Arifa Bibi
shall be released on bail upon furnishing a bond of
Rs.10,000/- each, with two sureties of like amount each,
subject to the satisfaction of the arresting officer and on
conditions as enshrined under Section 438(2) of the Code of
Criminal Procedure, 1973.
This application for anticipatory bail is, thus, allowed.
The application for anticipatory bail, being CRM 1133 of
2021, is thus disposed of.
(Harish Tandon, J.)
(Subhasis Dasgupta,J.)
3
