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1.
8.2018
02
PARTLY ALLOWED
md.
CRM No. 5441 of 2018
In Re:- An application for anticipatory bail under section 438
of the Code of Criminal Procedure filed on 27.7.2018 in
connection with Uluberia Police Station Case No.418 of 2018
dated 02.06.2018 under Sections 498A/302/304B and 34 of the
Indian Penal Code.
And
In Re:-
Sk. Allauddin and others
… Petitioners
Mr. Golam Mastafa, Advocate
Mr. Tarasankar Samanta, Advocate
..for the Petitioners
Ms. Sreeparna Das, Advocate
.. for the State
The petitioners seek anticipatory bail in connection with
Uluberia Police Station Case No.418 of 2018 dated 02.06.2018
under Sections 498A/302/304B and 34 of the Indian Penal
Code.
The petitioners claim not to have been involved in the
burning of the victim. The first petitioner is the father-in-law
of the victim, the second petitioner is the brother of the
victim’s husband, the third petitioner is the mother-in-law and
the fourth petitioner is the husband of the victim.
The State refers to the statements attributed to witnesses
who claim that the victim was subjected to torture and also
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named the parents-in-law of the husband as being involved
with the incident.
Since the involvement of the second petitioner does not
appear to be direct, the second petitioner may be granted
anticipatory bail; but this is not the stage to allow the other
petitioners to escape custodial interrogation.
Accordingly, in the event of arrest, the second petitioner
will be granted bail upon furnishing a security of Rs.10,000/-
(Rupees ten thousand only) each, with two sureties of
Rs.5,000/- (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
second petitioner will also report to the Investigating Officer at
such time and place as may be specified by the concerned
police officer.
In respect of first, third and fourth petitioners, the prayer
for anticipatory bail is rejected.
The petition for anticipatory bail is partly allowed subject
to the conditions as indicated above.
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A certified copy of this order be immediately made
available to the petitioners subject to compliance with all
requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )
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