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72 04.01.2018
AB Court 28

C.R.M. 39 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Kushmandi
P.S. Case No.145 of 2017 dated 8.10.2017 under Sections
498A/307/34 of the Indian Penal Code

And

In the matter of : Ajijur Rahaman Ors.

…Petitioners.

Mr. A. K. Chakraborty,
Mr. S. K. Bhattacharya …for the Petitioners.

Mr. Arijit Ganguly,
Ms. Sujata Das …for the State.

It is submitted on behalf of the petitioners that they

have been falsely implicated in the instant case.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials in the case diary and

bearing in mind the extent of complicity of the petitioners who

are the brothers-in-law of the victim housewife and the fact that

the principal accused i.e. the husband is already on regular bail,

we are of the opinion that custodial interrogation of the

petitioners is not necessary and they may be granted

anticipatory bail.

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Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing bond of

Rs.5,000/-(Rupees Five Thousand only) each with two sureties

of like amount each to the satisfaction of the arresting officer

and also subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)