Abdul Karim@Abdul Korim And ANR v. State Of West Bengal

63.

06.08.2021 Ct.32 Tanmoy Allowed C.R.M. 2579 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10/03/2021 in connection with Gazol Police Station Case No. 590 of 2020 dated 26/12/2020 under Sections 498A/304B of the Indian Penal Code.

And In the matter of: - Abdul Karim @ Abdul Korim & Anr. ....petitioners.

Mr. Mounick Ghosh ...for the petitioners (through V.C.) Mr. Arijit Ganguly, Mr. Avik Ghatak ...for the State.

The petitioners are the parents-in-law of the victim. It is submitted on behalf of the petitioners that they have no role to play in the suicidal death of the victim and have been falsely implicated.

Learned Counsel for the State refers to the Case Diary including statements of the witnesses, some of whom are neighbours of the petitioners.

We have considered the material in the Case Diary. Allegation against the petitioners is general and omnibus in nature. The main thrust of the allegation is against the husband of the victim, who, we are told, is in custody. We are told that charge-sheet has not yet been submitted.

Having regard to the nature of allegations and other material in the Case Diary, we are inclined to hold that the petitioners, who are aged about 71 years and 68 years

respectively, may be granted anticipatory bail so long as they cooperate with the investigation which is yet to be completed. Accordingly, 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, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. 2579 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)