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Sk. Humayun vs Unknown on 25 February, 2019





C.R.M. 2128 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.02.2019 in connection
with Sankrail P. S. Case No.88 of 2019 dated 01.02.2019 under
Sections 498A/302/120B of the Indian Penal Code and Sections 3
/ 4 of the Dowry Prohibition Act.

In the matter of : Sk. Humayun.

… Petitioner.

Mr. Himangshu De,
Mr. Rafikul Islam Sardar.

…for the Petitioner.

Mr. S. S. Imam,
Mr. S. Kundu.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that the co-accused

persons have been granted anticipatory bail.

Learned advocate appearing for the State opposes the prayer

for anticipatory bail.

Having considered the materials in the Case Diary and

bearing in mind the extent of complicity of the petitioner in the

alleged crime which occurred 16 years after marriage and the fact

that the co-accused persons similarly circumstanced with the

petitioner have been granted anticipatory bail, we are inclined to

extend the same privilege to the petitioner also.

Accordingly, we direct that in the event of arrest the

petitioner viz., Sk. Humayun shall be released on bail upon

furnishing a bond of Rs.10,000/- 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 further condition that the

petitioner shall meet the Investigating Officer once in a week until

further orders and the petitioner shall appear before the trial court

and pray for regular bail within a fortnight from date.

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

(Manojit Mandal,J.) (Joymalya Bagchi, J.)

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