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Saidul Molla vs Unknown on 26 July, 2017



C.R.M. 5683 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of : 1. Saidul Molla
2. Mirajul Molla
… petitioners
Mr. Abhijit Kumar Adhya
…..For the petitioners

Mr. S. S. Imam
Mr. Sandip Kundu
……For the State

Leave is granted to the learned advocate for the petitioners to

correct the cause title of the application for anticipatory bail.

Apprehending arrest in course of investigation of Uluberia

Police Station F.I.R. No. 183/17 dated 27th February, 2017 under

Sections 498A/326/307 of the Indian Penal Code and added Section

302 of the Indian Penal Code and Sections 3/4 of the Dowry

Prohibition Act, the petitionera (husband and brother-in-law of the

victim) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused

the materials in the case diary, which includes a dying declaration.

Such dying declaration implicates the petitioner no. 1, but does not

implicate the petitioner no. 2.

We are inclined to reject the prayer of the petitioner no. 1.

We are also of the considered view that custodial interrogation

of the petitioner no. 2 is not necessary for meaningful progress of

investigation and that he is entitled to a direction for release on bail,

as prayed for.

The application, accordingly stands disposed of with the

direction that in the event of the arrest of the petitioner no. 2, he

shall be released on bail upon furnishing bond of Rs.5,000/-, with

two sureties of like amount, to the satisfaction of the arresting officer

and also subject to the conditions as laid down in sub-section (2) of

Section 438 of the Code of Criminal Procedure.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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