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Ajmat Sk. & Anr vs Unknown on 28 February, 2019





C.R.M. 2423 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 26.2.2019 in connection
with Nanoor P. S. Case No.09 of 2019 dated 15.01.2019 under
Sections 498A/307/511/354/506/34 of the Indian Penal Code.

In the matter of : Ajmat Sk. Anr.

… Petitioners.

Mr. Sujay Sarkar,
Ms. Sabnam Laskar.

…for the Petitioners.

Mr. Imran Ali,
Ms. Sutapa Banerjee.

…..for the State.

Heard the learned Advocates appearing for the parties.

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

laws of the victim housewife and have been falsely implicated in

the instant case.

Learned advocate appearing for the State opposes the prayer

for anticipatory bail and submits that the petitioner tried to set the

victim on fire.

We have considered the materials on record and as the

allegation of attempt to set the victim on fire is not supported by

any contemporaneous medical report, we are of the opinion though

custodial interrogation of the petitioners is not necessary, they

may be granted anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the

petitioners viz., Ajmat Sk. and Rajib Sk. 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

subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 and on further condition that

the petitioners shall appear before the trial court and pray for

regular bail within a fortnight from date.

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

(Manojit Mandal,J.) (Joymalya Bagchi, J.)

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