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Judgments of Supreme Court of India and High Courts

Sk. Ajahar Ali vs Unknown on 18 June, 2018

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104 18.06.2018

AB Court 28 C.R.M. 3676 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Ghatal P.S.
Case No.57 of 2018 dated 14.3.2018 under Sections 498A/328/
307/506/34 of the Indian Penal Code read with Sections 3 and
4 of the Dowry Prohibition Act

And

In the matter of : Sk. Ajahar Ali
…Petitioners.

Mr. Taraknath Sarkar …for the Petitioners.

Mr. Soumik Ganguly …for the State.

It is submitted on behalf of the petitioners that

petitioner no.1 has been released on regular bail in the

meantime.

Hence, the prayer for anticipatory bail is not pressed so

far as petitioner no.1 is concerned.

Having considered the materials on record including the

statement of the victim recorded at page 45 of the case diary

prima facie disclosing involvement of the petitioner nos.2, 4 and

5 in the alleged torture, we are not inclined to grant anticipatory

bail to them.

Their prayer for anticipatory bail is, accordingly,

rejected.

However, bearing in mind the extent of complicity of the
2

petitioner no.3, namely, Sahana Bibi in the alleged offence, we

are of the opinion that her custodial interrogation may not be

necessary and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioner no.3, namely, Sahana Bibi shall be released on bail

upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand

only) with two sureties of like amount each to the satisfaction of

the arresting officer and also subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure,

1973.

The application for anticipatory bail is partly allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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