rkd Ct. No.28
C.R.M. 5518 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 27/06/2019 in
connection with Ashoknagar P.S. Case No. 301 of 2019 dated
01/06/2019 under Sections 498A/Section308/Section304/Section34 of the Indian
Penal Code read with Sections 3/Section4 of the Explosive Substances
In the matter of: Kamala Ganguly Ors.
Mr. I. Ali,
Ms. S. Biswas
…for the State.
None appears on behalf of the petioners.
We have considered the materials in the case diary including
the statement of the victim housewife recorded under Section 164
Cr.P.C. It appears therefrom that petitioner no.4 had assaulted her at
the time when she was feeding her two month old child resulting in the
child getting choked and dying. In view of the prima facie involvement
of petitioner no.4 in the alleged crime, we are not inclined to grant
anticipatory bail to him. However, keeping in mind the extent of
complicity of the petitioners no.1 to 3 in the alleged crime, we are
inclined to grant anticipatory bail to the petitioners no. 1 to 3.
In the event of arrest, the petitioners No.1 to 3 shall be released
on bail upon furnishing a Bond of Rs. 10,000/- each 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 they
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.)