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Judgments of Supreme Court of India and High Courts

Babur Ali Sk & Anr vs State Of West Bengal on 17 May, 2018

1

140 17.05.2018

sg Ct. No.28 C.R.M. 2721 of 2018
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 14.05.2018 in connection with Krishnagar Women P.S. Case No.
(Allowed) 6/18 dated 15.1.2018 under Sections 498A/304B/302/34 of the Indian Penal Code.

Babur Ali Sk Anr.

Versus
State of West Bengal

Mr. S. Majumder, Adv.

…for the petitioners.

Mr. Rana Mukherjee, Adv.

Mr. S. Chakraborty, Adv.

…for the State.

It is submitted on behalf of the petitioners that the victim had stated in

the medical papers that she had suffered burn injury due to coocking.

Learned lawyer for the State opposes the prayer for bail and submits

that the victim had been compelled to make such statement under duress by the

petitioner.

We have considered the rival submissions in the light of the materials

on record. The cause of death of the victim is to be determined during trail.

However, in view of the notings in the medical papers with regard to accidental

burn injuries, we are of the opinion that denial of liberty of the petitioners at

this stage may not be justified 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 a bond of Rs. 10,000/- each with two

sureties of like amount each, to the satisfaction of the arresting officer and they

shall meet the Investigating Officer once in a week until further orders 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, thus, disposed of.

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

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