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Judgments of Supreme Court of India and High Courts

Gajlu Sk. & Ors vs Unknown on 18 February, 2019

1

18.02.2019

.

68.
as
(Allowed).

C.R.M. 1568 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04.02.2019 in connection
with Bhagwangola P. S. Case No.09 of 2019 dated 04.01.2019
under Sections 498A/304B of the Indian Penal Code and Section 3
/ 4 of the Dowry Prohibition Act.

In the matter of : Gajlu Sk. Ors.

… Petitioners.

Ms. Minoti Gomes,
Mr. Jisan Iqubal Hossain.

…for the Petitioners.

Mr. Rana Mukherjee,
Ms. Sujata Das.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that they are in

laws of the victim housewife who died at her paternal home. It is

further submitted that the first information report was registered

after five months of the alleged incident.

Learned advocate appearing for the State opposes the prayer

for anticipatory bail and submits that the victim committed suicide

within two years of her marriage.

We have considered the materials on record and bearing in

mind the nature of allegations in the light of the aforesaid

submissions made on behalf of the petitioners and in view of the
2

extent of complicity of the petitioners in the alleged crime and the

fact that there is inordinate delay in lodging the first information

report, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the

petitioners viz., Gajlu Sk., Jarina Bibi, Nijan Sk., Asir Sk., Basir

Sk. and Meherunessa Bibi shall be released on bail upon

furnishing a bond of Rs.10,000/- with two sureties of like amount

each to the satisfaction of the arresting officer and subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973.

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

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

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