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Alal Sk. & Anr vs Unknown on 13 June, 2018

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13.06.2018

Ct.28
RP 95
CRM 3683 of 2018

In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed in connection with Mothabari P.S.
Case No.99 of 2018 dated 30.03.2018 under
Section
498A/
307/302/34 of the Indian Penal Code corresponding to GR
No.1222 of 2018.

And

In the matter of : Alal Sk. Anr.

…. Petitioners

Mr. Sagar Saha, Adv.

….. For the Petitioners

Mr. Saibal Bapuli, Adv.

Mr. Bibaswan Bhattacharya, Adv.

….. for the State

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

in-laws of the victim housewife. It is further submitted that they

did not play any role in the matrimonial life of the victim.

Learned Advocate for the State produces the case diary and

opposes the prayer for bail.

Having considered the materials on record including the

dying declaration of the victim at page 32 of the case diary it

appears that the husband had set her fire and keeping in mind

the extent of their complicity in the alleged crime, we are of the
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opinion that custodial interrogation of the petitioners is not

necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing 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 subject to the conditions laid down in sub-section (2) of

Section 438 of the Code of Criminal Procedure, 1973 and on

further condition that they shall appear before the trial Court

within a fortnight from date and pray for regular bail.

The application for anticipatory bail is, accordingly, allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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