C.R.M. 5683 of 2018
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 03/08/2018 in
connection with Khargram P.S. Case No. 96/2018 dated
19/04/2018 under Sections 498A/304B/302/34 of the Indian
Penal Code arising out of Charge Sheet No.198/18 dated
30.07.2018, under Sections 498A/304B/34 of the Indian Penal
Code and 3 /4 D.P. Act.
In the matter of: Aman Hazi @ Md. Amanullah Ors.
Mr. Kallol Mondal
Mr. Partha Sarathi Ghosh
Ms. Amrita Chel
…for the petitioners.
Mr. Rudradipta Nandy
…for the State.
The petitioners seek anticipatory bail in connection with
Khargram P.S. Case No. 96/2018 dated 19/04/2018 under
Sections 498A/304B/302/34 of the Indian Penal Code arising
out of Charge Sheet No.198/18 dated 30.07.2018, under
Sections 498A/304B/34 of the Indian Penal Code and 3 /4 D.P.
The State opposes the prayer and says that there is
credible material showing that the petitioners forced the victim to
commit suicide within seven months of the victim getting
Given the nature of the charges and the extent of the
petitioners’ involvement, the petitioners may be granted
anticipatory bail subject to the condition that they will not
contact the victim till the conclusion of the trial.
The State says the charge-sheet has been filed.
Accordingly, in the event of arrest, the petitioners are
directed to be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties
of Rs.5,000/- (Rupees Five Thousand only) each, one of whom
must be local, to the satisfaction of the Arresting Officer, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973. In addition, the petitioners will
attend the trial on every day that the matter is fixed and any
default on the part of the petitioners will entitle the trial court to
cancel the bail without reference to this Court.
The petition for anticipatory bail is allowed on the
conditions indicated above.
A certified copy of this order be immediately made
available to the petitioners, subject to compliance with all
(Sanjib Banerjee, J.)
(Abhijit Gangopadhyay, J.)