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Judgments of Supreme Court of India and High Courts

Of 2019 Dated 13.09.2019 Under … vs In Re: Sanjay Malik @ Sonu Malik & … on 5 November, 2019

1

05.11.19

Sl. No.4
akd
[ALLOWED]
C. R. M. 8642 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17.09.2019 in connection with Khanakul Police Station Case No. 255
of 2019 dated 13.09.2019 under Sections 498A/Section306/Section34 of the Indian Penal Code.

And

In Re: Sanjay Malik @ Sonu Malik Ors.

… … Petitioners

Mr. Keshab Chandra Das .. Advocate
… … for the petitioners

Mr. Sandip Chakraborty .. Advocate
… … for the State

Pursuant to the earlier direction, Investigating Officer is personally present

before this court. His presence is noted and dispensed with.

We are informed that the petitioner no.5 was arrested and released on bail.

Hence, the application for anticipatory bail in respect of petitioner no.5 namely, (5) Sujata

Sinha stands dismissed as infructuous.

Having considered the materials on record and bearing in mind the nature of

allegations in the light of the submissions that the incident occurred eight years after

marriage and statutory presumption under Section 113A of the Evidence Act is not

attracted in the facts of the present case, we are of the opinion that custodial interrogation

of the petitioner nos.1 to 4 may not be necessary in the facts of the present case and they

may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner nos.1 to

4, namely (1) Sanjay Malik @ Sonu Malik, (2) Sumitra Malik, (3) Sanjit Malik @ Bulet
2

Malik (4) Jhuma Malik, 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 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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