Calcutta High CourtCRM/7526/2021allowed

Md Aiyub Alam @Aiub Alam And ORS v. State Of West Bengal

2021-11-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

23.11.2021 jb.

jdt.

C.R.M. 7526 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakulia Police Station Case No. 265 of 2021 dated 07.09.2021 under Sections 302/201/34 of the Indian Penal Code, 1860.

And In Re : Md. Aiyub Alam @ Aiub Alam & Ors.

...... petitioners Mujibar Ali Naskar Md. Habibur Rahaman ....for the petitioners Neguive Ahmed Ms. Trina Mitra ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the deceased was married to the petitioner No. 3. The deceased was having suicidal tendencies. Such tendencies were one of the reasons why the petitioner No. 3 was refusing to continue with the marriage. The husband of the petitioner No. 3 died one kilometre away from the matrimonial home. The motor cycle belonging to the deceased was recovered from the spot. Learned advocate appearing for the State draws the attention of the Court to the post mortem report. She also

draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure and the case diary.

Considering the post mortem report and the involvement of the petitioners in the present case, we grant anticipatory bail to the petitioners.

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 conditions that the petitioners No. 1 shall meet the investigating officer once in a fortnight until further orders and the petitioner Nos. 2 and 3 will cooperate with the investigation and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)