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Sk. Saidul & Anr vs Unknown on 19 June, 2018

1

114 19.06.2018
AB Court 28

C.R.M. 3891 of 2018

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Shyampur
P.S. Case No.39 of 2018 dated 31.01.2018 under Sections
498A/306 of the Indian Penal Code

And

In the matter of : Sk. Saidul Anr.

…Petitioners.

Mr. Anindya Ghosh …for the Petitioners.

Mr. Swapan Banerjee,
Ms. Sima Biswas …for the State.

It is submitted on behalf of the petitioners that they are

the elder brothers-in-law of the victim housewife who committed

suicide after 12 years of her marriage.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the nature of allegations which appear to be general and

omnibus and the fact that the statutory presumptions under

Section 113 of the Evidence Act are not attracted in the case,

we are of the opinion that custodial interrogation of the

petitioners may not be necessary and they may be granted

anticipatory bail.

2

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a 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 as laid down under Section

438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, is to be supplied expeditiously after complying with all

necessary legal formalities.

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

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