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Indian Penal Code vs In Re on 1 August, 2018





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.

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


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


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.


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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