Iunus Sardar @ Iunus Ali Sardar And ORS. v. State Of West Bengal
14.05.2025 SL.15 Ct.No.28 NB (Allowed) CRM (A) 1243 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Uluberia P.S. vide First Information Report Case No.21 of 2025 dated 11.01.2025 under Sections 85/80(2)3(5) of the Bharatiya Nyay Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Uluberai, Howrah.
And In the matter of : Iunus Sardar @ Iunus Ali Sardar & Ors. ... petitioners Mr. Devi Priya Mitra.
...for the petitioners.
Mr. Sanjay Bardhan, Mr. Asraf Mandal.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the father in law, the brother in law and the sister in law of the alleged victim. The incident happened within 11⁄2 years of marriage. The principal accused was arrested and is now on bail. Charge sheet has already been submitted. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and points to the statements of witnesses including that of a neighbour and the postmortem report. Considering the alleged roles ascribed to the present petitioners, the fact that the principal accused was in custody for some time and the fact that charge sheet has already been submitted, I do
not think that custodial interrogation of the petitioners is required in this case.
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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall not threaten or intimidate witnesses or tamper with evidence and shall attend the jurisdictional Court on dates fixed.
The application for anticipatory bail being CRM(A) 1243 of 2025 is, thus, allowed.
The personal appearance of the Investigating Officer is noted and is dispensed with.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)