1
28.02.2019
64
sdas
allowed
C. R. M. No. 2268 of 2019
In Re.: An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 22.02.2019 in connection with
Gangarampur Police Station Case No. 238 of 2018 dated 10.10.2018
under Sections 498A/302/34 of the Indian Penal Code.
And
In Re: Parimal Sarkar Ors. …….. petitioners
Mr. Navanil De,
Mr. Mazahar Hossain Chowdhury
…for the petitioners
Mr. Rana Mukherjee, learned A.P.P.,
Ms. Sukanya Bhattacharyya
…. for the State
At the outset, it is argued on behalf of the State that proclamation
and attachment have been issued against the petitioners. We have
considered the materials on record. We find that the statutory pre-
requisites for issuance of the aforesaid processes have not been
complied with and therefore the petitioners cannot be non-suited on the
strength of such illegal processes.
It is submitted by the learned Counsel appearing for the
petitioners that they are in-laws of the victim housewife and have been
falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail.
2
We have considered the materials on record including the
statement of the victim recorded under Section 164 of the Code of
Criminal Procedure. Keeping in mind the materials on record and in
view of the extent of complicity of the petitioners in the alleged crime,
we are inclined to grant anticipatory bail to them.
Accordingly, we direct that in the event of arrest the petitioners
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 also be subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973 and on
further condition that they shall appear before the court below and pray
for regular bail within a period of fortnight from date..
Accordingly application for anticipatory bail is allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
