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)
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
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.
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.)