CRM 3294 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed in connection with Kandi P.S. Case No.56 of
2018 dated 15.02.2018 under Section 498A/304B/302/34 of the Indian
Penal Code corresponding to GR Case No.177 of 2018.
In the matter of : Sahosen Sekh @ Sahassain Sk. Ors.
Mr. Manas Kumar Das, Adv.
….. For the Petitioners
Mr. S.G. Mukherjee, Ld. P.P.
Ms. Sreeparna Das, Adv.
….. 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.
Learned Advocate for the State produces the case diary and
opposes the prayer for bail. He further submits that there was an
affair between the husband of the victim and the petitioner no.2 and
as a result the victim housewife was murdered.
Having considered the materials in the case diary and keeping
in mind the extent of complicity of the petitioners no.1 and 3 in the
alleged crime, we are of the opinion that the petitioners no.1 and 3
may also be granted anticipatory bail. However bearing in mind the
prima facie involvement of the petitioner no.2 in the alleged crime
and the fact that there are allegations that the petitioner no.2 had
an illicit relationship with the principal accused, we are of the
opinion that her custodial interrogation is necessary for the
investigation of the case. Hence, prayer for anticipatory bail of the
petitioner no.2 is rejected.
Accordingly, we direct that in the event of arrest the
petitioners no.1 and 3 shall be released on bail upon furnishing
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 subject to the conditions laid down in sub-section
(2) of Section 438 of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, accordingly, partly
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)