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94 16.07.2018
C.R.M. 4828 of 2018
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 13.07.2018 in connection
with Manikchak P.S. Case No.152 of 2018 dated 21.05.2018 under
Sections 498A/325/506/376/511/201 of the Indian Penal Code
and Sections 3/4 D.P. Act.
And
In the matter of: Sk. Sarif Anr.
…Petitioners
Mr. Nirupam Dhali
… for the petitioners
Mr. S.S. Imam
Mr. R. Jana
… for the State
It is submitted on behalf of the petitioners that petitioner no. 1 is
allowed the father-in-law of the victim-housewife and petitioner no. 2 is the
brother-in-law of the said victim and they have been falsely implicated in
the instant case.
Learned counsel for the State opposes the prayer for bail and
alleges that petitioner no. 1 attempted to rape the victim.
We have considered the materials on record and we find that the
allegations of attempt to rape by petitioner no. 1 is bereft of particulars as
to the date of occurrence. That apart, subsequent conduct of the victim in
returning to the matrimonial fold also raises doubt as to the genuineness
of such allegation. Allegations of physical assault is not supported by
medical evidence.
In view of the aforesaid facts, we are of the opinion that though
custodial interrogation of the petitioners is not necessary, petitioners
require to cooperate with the investigation in accordance with law.
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Accordingly, we direct that in the event of arrest, the petitioners
shall be released on anticipatory bail upon furnishing 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 on condition
that petitioners shall meet the investigating officer once in a week until
further orders 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, be
supplied expeditiously after complying with all necessary legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
