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Judgments of Supreme Court of India and High Courts

(G.R. Case No. 1359 Of 2018) vs In Re: Mosaraf Mollah & Anr on 3 April, 2019

1

03.04.19

Sl. No.57
akd
[PARTLY
ALLOWED]
C. R. M. 3716 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 01.04.2019 in connection with Uluberia Police Station FIR Case No.
444 dated 10.06.2018 under Sections 498A/326/307/34/302 of the Indian Penal Code.
(G.R. Case No. 1359 of 2018)

And

In Re: Mosaraf Mollah Anr.

… … Petitioners
Ms. Sudhakhina Dey .. Advocate
… … for the petitioners

Mr. Swapan Banerjee .. Advocate
Mr. Suman De .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

We have considered the dying declaration of the victim-housewife. There are

prima facie materials against the petitioner no.2 in setting the victim-housewife on fire.

Hence, we are not inclined in granting anticipatory bail to the accused/petitioner no.2

herein.

Accordingly, the prayer for anticipatory bail of the accused/petitioner no.2

namely, (2) Aayesha Begam Molla is rejected.

However, keeping in mind the extent of complicity of the petitioner no.1 herein

in the alleged offence and in view of the fact that he did not play any role in setting the

victim-housewife on fire, we are of the opinion that custodial interrogation of the

accused/petitioner no.1 is not necessary in the facts of the present case and he may be

granted anticipatory bail.

2

Accordingly, we direct that in the event of arrest, the accused/petitioner no.1

namely (1) Mosaraf Mollah, be released on bail upon furnishing 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 a fortnight from date.

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

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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