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Code vs In Re: Rabiul Mallick & Ors on 20 November, 2019



Sl. No.57
C. R. M. 10726 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 18.11.2019 in connection with Daspur Police Station Case No. 387 of
2019 dated 01.10.2019 under Sections 498A/Section323/Section325/Section307/Section406/Section34 of the Indian Penal

In Re: Rabiul Mallick Ors.

… … Petitioners
Mr. Bhaskar Hutait .. Advocate
… … for the petitioners

Mr. Narayan Prasad Agarwala .. Advocate
Mr. Debabrata Das Gupta .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they have been falsely implicated

in the instant case.

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 and as the allegation of attempting to kill the housewife is not supported by

contemporaneous records, 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) Rabiul Mallick, (2) Rojina Bibi, (3) Anoar Mallick, (4) Masiur Mallick, (5)

Ladla Mallick @ Asfarul Mallick, (6) Habiul Mallick @ Habi, (7) Sambi Bibi @ Sammi

Aktar Bibi, (8) Momina Bibi @ Momena Bibi, (9) Masuma Bibi (10) Ruba Mallick @

Rabea 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 and petitioner

no.1 shall meet the Investigating Officer once in a week until further orders.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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