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Judgments of Supreme Court of India and High Courts

Najrul Islam & Ors vs Unknown on 30 July, 2019


53 30.07.2019

rkd Ct. No.28
C.R.M. 6657 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 25/07/2019 in
connection with Kushmandi P.S. Case No. 82 of 2019 dated
10/07/2019 under Sections 498A/Section302/Section34 of the Indian Penal
Code and under Sections 3 of the Prevention of Damage to Public
Property Act and under Sections 9 of the West Bengal
Maintenance of Public Property Act.


In the matter of: Najrul Islam Ors.


Mr. B. Banerjee
…for the petitioners.

Mr. Saswata Gopal Mukherjee, P.P.,
Mr. A. Mitra
…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. It is further submitted that the

principal accused i.e. the husband is in custody.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail and submits that the victim

housewife was tortured and compelled to commit suicide within

three years of marriage..

Having considered the materials in the case diary and

bearing in mind the general and omnibus nature of allegations

and as the principal accused i.e. the husband is in custody, we

are inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners 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 four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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