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Pir Mohammad @ Eid Mohammad & Ors vs Unknown on 19 November, 2019

1

19.11.2019

.

52.
as
(Partly
Allowed).

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.

… Petitioners.

Md. Mokim,
Mr. S. K. Humayan Reza,
Sk. Morshed Ali.

…for the Petitioners.

Mr. Tanmoy Kr. Ghosh,
Md. Kutubuddin.

…..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.

2

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

date.

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.)
3

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