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Sk. Fajlur Ali @ Saheb & Ors vs Unknown on 2 January, 2020





C.R.M. 12415 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.12.2019 in connection
with Keshpur P. S. Case No.206 of 2019 dated 21.08.2019 under
Sections 498A/Section325/Section307/Section354/Section506 of the Indian Penal Code and
Sections 3 / Section4 of the Dowry Prohibition Act.

In the matter of : Sk. Fajlur Ali @ Saheb Ors.

… Petitioners.

Mr. Amitabha Karmakar,
Mr. A. K. Bhowmick.

…for the Petitioners.

Mr. Iqbal Kabir.

…..for the State.

Liberty is granted to the learned Advocate-on-record to

correct the cause title of the petition.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that they have

been falsely implicated in the instant case and the incident

occurred about one year ago.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

Having considered the materials on record prima facie

disclosing involvement of the petitioner No.1, who is the husband

of the victim, in the alleged offence, we are not inclined in granting

anticipatory bail to the petitioner no.1.

Accordingly, the prayer for anticipatory bail of the petitioner

no.1 is rejected.

However, keeping in mind the extent of complicity of the

petitioner nos. 2 to 8 in the alleged offence, we are inclined in

granting anticipatory bail to the petitioner Nos.2 to 8.

Accordingly, we direct that in the event of arrest the

petitioner Nos. 2 to 8 shall be released on bail upon furnishing a

bond of Rs.10,000/- each 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 nos.

2 to 8 shall appear before the trial court and pray for regular bail

within four weeks from date.

This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)

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