C.R.M. 2266 of 2018
In Re:- An application under Section 439 of the Code of Criminal
Procedure filed on 07.05.2018 in connection with Murshidabad Police
Station Case No. 276 of 2017 dated 29.05.2017 under Sections
498A/323/34 of the Indian Penal Code and under Sections 6/8 of the
In Re : Anowar Sk. Anr. …… petitioners
Mr. Kallol Kumar Basu,
Mr. Debapriya Samanta
…..for the petitioners
Mr. Madhusudan Sur, learned A.P.P.
….for the State
Liberty is granted to the learned Counsel appearing for the
petitioners to correct the cause title.
It is submitted by the learned Counsel appearing for the
petitioners that petitioner no. 1 is in custody for 88 days and
petitioner no. 2 is in custody for 111 days and they are not the
Learned Counsel appearing for the State opposes the prayer for
Having considered the materials in the case diary and bearing in
mind the fact that allegation of penetrative sexual assault is not
labelled against the petitioners and keeping in mind the extent of their
complicity in the alleged crime and the period of detention suffered by
them and that investigation is complete, we are of the opinion that
further detention of the petitioners may not be necessary in the facts
of the case.
Accordingly, we direct that the petitioners shall be released on
bail upon furnishing a bond of Rs.10,000/- each with two sureties of
like amount each, one of whom must be local, to the satisfaction of the
learned Judge, Special Court, Lalbagh, Murshidabad, and on
condition that they shall not intimidate the witnesses or tamper with
evidence in any manner whatsoever and they shall appear before the
trial court on every date of hearing and in the event they fail to do so,
the trial court shall be at liberty to cancel their bail without further
reference to this Court.
The application for bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)