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02.01.20
Sl. No.67
akd
[ALLOWED]
C. R. M. 12433 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 24.12.2019 in connection with Domkal Police Station Case No. 329 of
2019 dated 16.05.2019 under Sections 498A/Section376/Section511/Section325/Section307/Section354/Section34 of the Indian Penal
Code. (G.R. Case No.1859 of 2019)
And
In Re: Rahul Amin @ Ruhul Amin
… … Petitioner
Md. Sabir Ahmmed .. Advocate
Mr. Hillol Saha Podder .. Advocate
… … for the petitioner
Ms. Sonali Bhar .. Advocate
… … for the State
Leave is granted to the learned advocate-on-record for the petitioner to correct
the cause title in the application for anticipatory bail in course of this day.
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that he has been falsely implicated in
the instant case. It is further submitted that other co-accused persons standing on the
same footing with the petitioner have been granted pre-arrest bail.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the aforesaid submissions made on behalf of the petitioner and
as the injuries as appearing from the medical papers do not appear to be grievous, we are
of the opinion that custodial interrogation of the accused/petitioner may not be necessary
in the facts of the present case and he may be granted anticipatory bail.
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Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Rahul Amin @ Ruhul Amin, be released on bail upon furnishing a bond of Rs.10,000/-
(Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of
the arresting officer and also be subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on further condition that he shall
appear before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)