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Jafar Ali Sk vs Unknown on 13 June, 2019



KC (24)
(Partly Allowed)
C.R.M. 4740 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.

In the matter of : 1. Jafar Ali Sk., 2. Khodan Sk., 3.Dhana Sk.


Mr. Rajdeep Majumdar,
Mr. Asraf Mandal……………………..For the petitioners.

Mr. R. Jana………………………………For the State.

Apprehending arrest in course of investigation of Kaliganj
P.S. F.I.R. No. 90 of 2019 dated 19th February, 2019 under
Sections 498A, Section377, Section506, Section325 and Section34 of the Indian Penal Code, the
petitioners (victim’s husband and brothers in law) have applied for
anticipatory bail.

We have heard learned advocates for the parties and perused
the materials in the case diary, more particularly the statement of
the victim lady recorded under Section 161 of the Code of Criminal
Procedure as well as the injury report.

Considering the prima facie involvement of the petitioner no.
1 in the crime, we are not inclined to grant any relief to him. The
application for anticipatory bail at the instance of the petitioner
no. 1 is, thus, rejected.

However, since there is dearth of material in the case diary to
suggest involvement of the petitioner nos. 2 and 3 in the alleged
offences, we are also of the considered view that custodial

interrogation of the petitioner nos. 2 and 3 is not required for
taking the investigation to its logical conclusion; hence, they are
entitled to direction, as prayed for.

It is accordingly directed that in the event of arrest, the
petitioner nos. 2 and 3 shall be released on bail upon furnishing
bond of Rs.5,000/- (Rupees Five Thousand) each, with two
sureties of like amount, one of whom must be local, to the
satisfaction of the arresting officer and subject to the conditions as
laid down in sub-section (2) of Section 438 of the Code of Criminal

The application at the instance of the petitioner nos. 2 and 3,
thus, succeeds.


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