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Judgments of Supreme Court of India and High Courts

CRM/11837/2018 on 10 January, 2019

1

331.
10-01-2019

allowed
debajyoti
CRM No.11837 of 2018

In re :Nur Selim Anr.

….. Petitioners.

Mr. Amanul Islam
….. For the Petitioners.

Mr. Rudradipta Nandy
….. For the State.

The petitioners seek anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with Kaliganj
Police Station Case No.250 of 2018 dated 01-09-2018 under
Sections 498A/302/34 of the Indian Penal Code.

The petitioners are some of the relatives of the husband
of the victim who died about 17 years after her marriage,
apparently upon consuming or being administered poison.

The State produces the case diary and refers to some of
the statements of the neighbours and the statement of the
son of the victim.

Considering the material against the petitioners and the
extent of their involvement in the unnatural death of the
victim, there is no need to take the petitioners into custody at
this stage.

Accordingly, in the event of arrest, the petitioners will be
granted bail upon furnishing bonds of Rs.10,000/- (Rupees
Ten Thousand only) each with two sureties of Rs.5,000/-

2

(Rupees Five Thousand only) each, one of whom must be
local, to the satisfaction of the Arresting Officer, subject to the
conditions as 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 subject to the
conditions as indicated above.

Certified copies of this order be immediately made
available to the petitioners subject to compliance with all
requisite formalities.

( Suvra Ghosh, J. ) ( Sanjib Banerjee, J. )

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