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Majirul Islam @ Mojirul Islam & Anr vs Unknown on 15 January, 2024

Calcutta High Court (Appellete Side)

Majirul Islam @ Mojirul Islam Anr vs Unknown on 15 January, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

15.01.2024
Item No.11
Ct. No. 29
CHC
Allowed

C.R.M.(A) 87 of 2024

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Chopra
Police Station Case No. 551 of 2023 dated 08.07.2023 under
Sections 498A/304B/302/313/34 of the Indian Penal Code,
1860.

And

In the matter of : Majirul Islam @ Mojirul Islam anr.

…… petitioners

Mr. Sabir Ahmed,
Ms. Suman Biswas,
Mr. Dhiman Banerjee,
Mr. Tasmin Ahmed
….for the petitioners

Mr. Aniket Mitra
….for the State

Petitioners pray for anticipatory bail.

Petitioners claim parity with the other co-accused who

were granted anticipatory bail by the order dated January 5,

2024 passed in CRM(A) 5754 of 2023.

Husband was arrested and granted bail by the

jurisdictional Court.

Police filed charge-sheet.

Petitioners before us stand on the same footing as that of

other co-accused who were granted anticipatory bail by the

order dated January 5, 2024 passed by a co-ordinate Bench.

In such circumstances, we grant anticipatory bail to the

petitioners.

2

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) 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

condition that the petitioners shall appear on every date before

the jurisdictional Court on and from the date fixed for

appearance of the accused and in default the jurisdictional

Court will pass appropriate order to secure the presence of the

petitioners in Court including cancelling the anticipatory bail

granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed.

CRM(A) 87 of 2024 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)

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