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Code Read With Sections 3/4 Of The … vs In Re: Imajuddin Sk. & Ors on 25 November, 2019



Sl. No.72
C. R. M. 10932 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 21.11.2019 in connection with Margram Police Station Case No. 62 of
2019 dated 31.05.2019 under Sections 498A/Section323/Section325/Section307/Section506/Section34 of the Indian Penal
Code read with Sections 3/Section4 of the Dowry Prohibition Act. (G.R. Case No.566 of 2019)

In Re: Imajuddin Sk. Ors.

… … Petitioners
Mr. Arnab Saha .. Advocate
… … for the petitioners

Ms. Sonali Das .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

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

housewife. It is further submitted that the principal accused i.e. the husband of the victim

has been enlarged on bail. It is also submitted that there is delay in lodging the FIR.

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

injuries and as the principal accused i.e. the husband of the victim has been enlarged on

bail and as there is delay in lodging the FIR, we are of the opinion that custodial

interrogation of the accused/petitioners may not be necessary in the facts of the present

case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Imajuddin Sk., (2) Jakerun Bibi, (3) Sajida Bibi (4) Sabina Bibi, be

released on bail upon furnishing a 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

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

Procedure, 1973 and on further condition that they 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.)

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