Calcutta High CourtCRM (A)/835/2022partly allowed

Minarul Sekh And ORS v. State Of West Bengal

2022-02-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

18.02.2022 Serial no. 21 Dd CRM(A) 835 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Margram Police Station Case No. 221 of 2021 dated 18.12.2021 under Sections 498A/323/325/307/34 of the Indian Penal Code read with Sections 3/ 4 Dowry Prohibition Act (corresponding to G.R. Case No. 1838/2021) -AndIn the matter of : Minarul Sekh &Ors.

... Petitioners Mr. Bitasok Banerjee, Advocate ... ... For the Petitioners Mr. Imran Ali, Mr. Sutapa Banerjee, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court the contents in the case diary. Considering the gravity of the offence and the involvement of the petitioners therein, we are not inclined to grant anticipatory bail to the petitioner no. 1, Minarul Sekh. However, we are inclined to grant anticipatory bail to the petitioner no. 2, Mihilal Khan @ Mihir Lal Khan; petitioner no. 3, Nasir Khan; petitioner no. 4, Asharul Khan @ Asai Sk; petitioner no. 5, Kadam Khan and petitioner no. 6, Alam Khan.

Accordingly, we direct that in the event of arrest the petitioner nos. 2 to 6 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner nos. 2 to 6 shall meet the Investigating Officer once in a month till completion of investigation.

Prayer for anticipatory bail of the petitioners is partly allowed.

CRM(A) 835 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)