Aloke Court 28 C.R.M. 12845 of 2017
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18.12.2017 in connection
with NJP P.S. Case No.750 of 2017 dated 16.09.2017 under
Sections 498A/304B of the Indian Penal Code.
In the matter of: Md. Sahid @ Sahet Hossain Ors.
Mr. Pravas Bhattacharya
… for the petitioners
Mr. Arijit Ganguly
Mr. Avik Ghatak
… for the State
It is submitted on behalf of the petitioners that they are
the in-laws of the victim-housewife and have been falsely
implicated in the instant case.
Learned counsel appearing for the State opposes the
prayer for bail and submits that the prayer for anticipatory bail of
one of the in-laws Md. Dalal had been rejected by this Court.
Having considered the materials in the case diary we find
that petitioner nos. 2, 3, 4 and 5 stand on the same footing as the
co-accused, namely, Md. Dalal whose prayer for anticipatory bail
was rejected by this Court. Hence, we are not inclined to grant
anticipatory bail to them. However, bearing in mind the extent of
complicity of the petitioner nos. 1 and 6 in the alleged crime, we
are inclined in granting anticipatory bail to them.
Accordingly, we direct that in the event of arrest, the
petitioner nos. 1 and 6 shall be released on anticipatory bail upon
furnishing 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 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail of petitioner nos. 1
and 6 is, accordingly, allowed.
The application for anticipatory bail of petitioner nos. 2,
3, 4 and 5 is, accordingly, rejected.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)