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Judgments of Supreme Court of India and High Courts

CRM/9424/2018 on 28 January, 2019

1

486.
28-01-2019

allowed
debajyoti
CRM No.9424 of 2018

In re : Mir Saheb Ali Ors.

….. Petitioners.

Mr. Kallol Mondal,
Mr. Musharraf Alam Sk.,
Ms. Amrita Chel
….. For the Petitioners.

Mr. S. Kundu
….. For the State.

The petitioners seek anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with
Chanchal Police Station Case No.544 of 2018 dated 22-08-
2018 under Sections 498A/325/307/34 of the Indian Penal
Code.

The petitioners are some of the relatives of the husband
of the victim and say that it is inconceivable that several able-
bodied persons would assault the alleged victim or would
attempt to set her on fire after pouring kerosene on her; but
the victim would suffer no injury.

Considering the material against the petitioners,
including what appears to be the victim’s statements as
recorded in the injury report, there may not be any need to
take the petitioners into custody at this stage as long as they
cooperate with the investigation.

2

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/-
(Rupees Five Thousand only) each 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 report to the
Investigating Officer at such time and place as may be
specified by the concerned police officer, till the investigation
is completed.

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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