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Kamala Ganguly & Ors vs Unknown on 28 June, 2019

1

129 28.06.2019

rkd Ct. No.28
(P.Allowed)
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
Act.

And

In the matter of: Kamala Ganguly Ors.

….petitioners.

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.)

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