C.R.M. 10619 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 08.11.2019 in connection
with Md. Bazar P. S. Case No.197 of 2019 dated 22.07.2019 under
Sections 498A/Section326/Section307 adding Section 302 and adding Section
304B of the Indian Penal Code.
In the matter of : Pir Mohammad @ Eid Mohammad Ors.
Mr. S. K. Humayan Reza,
Sk. Morshed Ali.
…for the Petitioners.
Mr. Tanmoy Kr. Ghosh,
…..for the State.
Heard the learned Advocates appearing for the parties.
Learned Advocate appearing for the petitioners submits that
the petitioners are in laws of the victim housewife and they have
been falsely implicated in the instant case.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail and refers to the dying declaration of the
victim which implicates all the petitioners except the petitioner
no.5 who is exonerated.
Considering the materials on record specially the dying
declaration of the victim, we are inclined to hold that custodial
interrogation of the petitioner no.5 is not required and he may be
granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioner No.5 shall be released on bail upon furnishing a bond of
Rs.10,000/- with two sureties of like amount each, to the
satisfaction of the arresting officer and subject to the conditions as
laid down under Section 438(2) of the Code of Criminal Procedure,
1973 and on condition that the petitioner no.5 shall appear before
the trial court and pray for regular bail within four weeks from
However, in view of the extent of complicity of the petitioner
Nos.1 to 4 in the alleged crime, we are not inclined to grant
anticipatory bail to the petitioner nos.1 to 4.
Accordingly, the prayer for anticipatory bail of the petitioner
nos.1 to 4 is rejected.
This application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh,J.) (Joymalya Bagchi, J.)